QUESTION

How long will it take her to evict me from my apartment after I filed bankruptcy?

Asked on Jul 05th, 2016 on Bankruptcy - Nevada
More details to this question:
I talked to my landlord today and told her I haven't found a new place. I filed for bankruptcy on 6/21/16. She said she is getting an attorney to lift the automatic stay. How much time to I have?
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5 ANSWERS

If her lawyer is honest, he or she will tell the landlord that she only needs to wait 60 days from the date you filed to evict you with out any further action.
Answered on Aug 04th, 2016 at 5:03 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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After a motion for relief from the automatic stay is filed, you have 21 days to file an answer. If you are behind on the rent and do not intend to pay all the back rent, the court will order the stay lifted shortly after the 21 days lapse. Then the landlord will have to comply with the requirements of an eviction (these differ from state to state). So at minimum about a month from when the motion for relief from stay is filed.
Answered on Aug 03rd, 2016 at 6:54 PM

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There is generally no "automatic stay" for a state court eviction process. However, if you have a good faith defense to the eviction (other then you can not afford to pay the rent), there is a procedure in the bankruptcy court to request a hearing.
Answered on Aug 03rd, 2016 at 12:01 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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It takes about 5 weeks for the hearing to lift the stay to take place unless the landlord is able to obtain an order shortening time, in which case it would take about a week to get the order lifting the stay. As to the how long until the final eviction order allows law enforcement to throw you and your stuff on the curb, it will depend on what the reason for the eviction. If the reason is simply that you did not pay your rent, it will take at least 3 more weeks. BTW, having an eviction filed in court will make it nearly impossible for you to rent anywhere else, so maybe you should consider sleeping on a friends couch and putting your stuff in storage.
Answered on Aug 03rd, 2016 at 11:13 AM

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Bankruptcy Law Attorney serving Livingston, NJ
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30 days from the date of the filing of the Motion.
Answered on Aug 03rd, 2016 at 11:13 AM

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