Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.
If the writ of possession was obtained before any occupants file a Bankruptcy, the Bankruptcy cannot stop the eviction of those occupants.
This is pursuant to Bankruptcy Code 362(b)(22).
In other words, if the wife files a Bankruptcy, that cannot stop the eviction process.
I think that only affects those who have granted a judgement from tenants from a lease. The "automatic stay" still applies for previous owner who have gone through foreclosure.
I have already been affected by the husband filing for bankruptcy to have "automatic stay" enforced.
Are they able to file for bankruptcy again, but the wife this time instead of the husband?
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