Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hello and thank you for allowing me to address your legal question.
When the tenant filed for bankruptcy, an automatic stay was put in place even if the trial court had not yet stayed the eviction proceeding itself. The automatic stay precludes the trial court from continuing with the eviction suit. However, a bankruptcy filing and automatic stay will not prevent an eviction if the landlord files a motion to lift the stay in the bankruptcy court (i.e. not the trial court) and the motion is granted (which it should be upon a showing that the lease was violated). Once the stay is lifted by the bankruptcy court, you can take the order to the trial court and ask that the trial court lift it’s stay as well. You may then continue with the eviction.
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