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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16036
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I filed for bankruptcy in Florida in order to get a bit of

Customer Question

I filed for bankruptcy in Florida in order to get a bit of relief from creditors and stave off for a while a looming eviction. I filed it before a writ of possession was granted, but I still received a 5 day eviction summons. What happened to the automatic stay and what are my options at this time.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 1 year ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

The automatic stay would stop the eviction,

WALLSTREETESQ :

you should appear in housing court and advise the Judge that you have filed bankruptcy, and advise the landlord, they will then know they cannot evict you as the automatic stay prohibits it.

WALLSTREETESQ :

The landlord can proceed with the eviction by asking the federal bankruptcy court to lift the stay, which many landlords do not know how to do,

Customer:

So should I answer the summons with the bankruptcy paperwork or do as it says and pay the back rent owed?

WALLSTREETESQ :

The landlord can only evict a tenant, regardless of an automatic stay, if the landlord had a court-ordered judgment for possession prior to the tenant filing for bankruptcy. The landlord, therefore, can ignore the automatic stay.


If the eviction is for the nonpayment of rent, an exception applies if state law allows a tenant to remain in the rental unit and "cure," or pay the rent, after an eviction judgment

WALLSTREETESQ :

I would file an answer stating that you filed bankruptcy, and the automatic stay stops the court case,

WALLSTREETESQ :

Do not pay anything now unless ordered by the bankruptcy court,

Customer:

Would I be forced to pay the rent while the proceedings are still in force.

WALLSTREETESQ :

Since their is no writ of possession yet,

WALLSTREETESQ :

the bankruptcy court may ask you to pay the current monthly rent to stay,

WALLSTREETESQ :

not the past rent

Customer:

ok. so i should answer the summons with the bankruptcy papers and wait for an answer from the bankruptcy court to see if they lifted the stay. If the stay is lifted, is that something that I may have a chance to answer or am I stuck with the decision and then I am automaticaly evicted?

WALLSTREETESQ :

The answer should state you filed bankruptcy.

WALLSTREETESQ :

during your bankruptcy case, they cannot evict, even if a motion is filed to lift the stay this takes several weeks if not months, so it is not that you would be evicted soon,

WALLSTREETESQ :

the stay would only allow them to go to court for a hearing, where you can pay the rent at that time,

WALLSTREETESQ :

to the housing court.

Customer:

great. thanks....that at least gives me some time to try to remedy the situation. you have been great.

WALLSTREETESQ :

good luck, and if you have any further questions please do not hesitate to ask.

WALLSTREETESQ :

If satisfied please provide us with positive feedback

Customer:

ok. excellent service.

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16036
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you

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