QUESTION
Can a landlord file eviction if a person is under chapter 13?
Asked on Mar 16th, 2013 on Bankruptcy - New York
6 ANSWERS
2 Awards
Yes.
Answered on Mar 18th, 2013 at 1:26 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
If you are in a Chapter 13, and presumably, there is no stay relief previously granted in your case and the stay is in effect, the Landlord would have to make a Motion for Stay relief, be awarded stay relief, then they could go for a summary dispossess.
Answered on Mar 18th, 2013 at 1:26 PM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
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If you are complying with the lease then you should be fine. Talk to your bankruptcy attorney.
Answered on Mar 18th, 2013 at 1:26 PM
If a landlord proceeds with an eviction against a person in Chapter 13 without bankruptcy court approval, the bankruptcy court can impose sanctions to penalize the landlord and the eviction court will not be allowed to enter an order granting the eviction. Better retain a bankruptcy creditor's attorney to begin the process of obtaining permission.
Answered on Mar 18th, 2013 at 1:25 PM
Chapter 7 Bankruptcy Attorney serving Santa Monica, CA
at
Law Offices of Glenn T. Litwak
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Yes for post filing rent. You have to stay current in the rent but you can try and amend the plan to catch up on the rent.
Answered on Mar 18th, 2013 at 1:24 PM
Yes, if you do not pay the rent.
Answered on Mar 18th, 2013 at 1:23 PM