QUESTION
Can I get any relief from my landlord for violateing the automatic stay
Asked on Nov 07th, 2013 on Bankruptcy - Maryland
More details to this question:
My landlord made several attempts to evict me after finding out I filed a Chapter 13 BK in April 2013 adding 3 months rental arrears to the plan. They placed a letter on my apartment door giving me 60 days to vacate and return the keys.They added my May and June payments to the arrears and sent me several emails and message requesting the return of my keys. In August I received and eviction notice informing me that mmy right of redemption had been removed and that even if i made further payments I still would be evicted. I have tried to find other living arrangements but no one will work with me because they require a rental reference. What can I do to prevent me and my family from becoming homeless?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
If your landlord attempted to evict you after your bankruptcy case was filed, without first obtaining permission from the bankruptcy court, then they violated the automatic stay. You can file a Motion with the bankruptcy court to recover costs/damages against them for doing that.
That aside, you are required to make all rent payments on time each month after your bankruptcy case is filed (assuming you are catching up on the pre-bankruptcy past due amounts through your Chapter Plan). Failure to stay current with payments is grounds for them to obtain relief from the automatic stay to evict you.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. CONTACT MARK for more information or to schedule an appointment.
Answered on Nov 07th, 2013 at 8:24 PM