Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
The issue is that the tenant filed for bankruptcy prior to you obtaining a judgment in the state court action for an eviction. As such I would say that the tenant is protected by the bankruptcy stay. You would need to file a motion in the bankruptcy court to have the bankruptcy stay lifted. After that you can move forward with the eviction action.
If a tenant fails to pay rent or violates a term in the rental agreement, an automatic stay will prevent the landlord from giving the tenant a termination notice or from beginning the eviction process if the tenant has already filed for bankruptcy. The landlord can proceed with the eviction by asking the federal bankruptcy court to lift the stay. In most cases, the judge will lift the stay because a lease agreement has no effect on the value of the tenant's estate.
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What is the process for initiating an eviction through fed court (to lift the stay)?
How does one initiate a request a lift for stay to initiate eviction?
It is a motion filed in the bankruptcy court, and it will be heard by the bankruptcy judge. I do them and file them on a regular basis, I think you can get a blank form from the bankruptcy courts website.
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