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Ellen, Attorney
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Can a State civil court issue a lockout without getting the

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Can a State civil court issue a lockout without getting the automatic stay lifted by the BK court? If one is evicted while the stay provision is in effect what recourse is there?

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Once a bankruptcy is filed, the automatic stay of the bankruptcy court is in effect Bankruptcy Code regarding the automatic stay. 362 (4)k provides for actual and punitive damages for the willful disregard of the automatic stay.

However the automatic stay does not apply if the Civil Court has issued the order for possession prior to the bankruptcy filing
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