QUESTION
If I just got a notice to vacate from the sheriffs and I started the process for bankruptcy about 2 weeks ago, can bankruptcy buy me more time?
Asked on Apr 30th, 2014 on Bankruptcy - Idaho
11 ANSWERS
Yes, you should notify the court and the sheriff that you filed bankruptcy. That filing automatically stays any state court action unless and until the bankruptcy court removes the automatic stay.
Answered on May 05th, 2014 at 5:46 PM
Bankruptcy Attorney serving Dallas, TX
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Polk & Associates
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If your bankruptcy case has already been filed with the court, it could help with the eviction. But if the case has not been filed, and really all you've done is start getting it ready to be filed with the court, that doesn't make any difference to the Sheriff and doesn't change anything regarding your eviction.
Answered on May 02nd, 2014 at 9:47 AM
No, unless you file two months of rent with the bankruptcy court and ask for a hearing. Ask your attorney to explain the procedure for you.
Answered on May 01st, 2014 at 5:17 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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YES.. if you filed for bankruptcy you need to deliver notice of automatic stay to your landlord and to the district court which issued the eviction notice.
Answered on May 01st, 2014 at 4:34 PM
Yes, but you need to deliver the notice of bankruptcy filing to the landlord and sheriff before the date specified to vacate. Doing so will stop the eviction temporarily, but you will need to start making rent payments.
Answered on May 01st, 2014 at 9:54 AM
Not unless you filed before the judgment.
Answered on May 01st, 2014 at 4:11 AM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
I would need more information to accurately answer this question. What do you mean "started the process for bankruptcy?".
Answered on Apr 30th, 2014 at 7:19 PM
Probate Attorney serving Washington, DC
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Apex Legal Services, PLLC
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Bankruptcy does not stop all legal action as is often assumed. However, it usually stops debt collection actions such as evictions and foreclosures based on money owed. In any event, "starting the process" is not good enough. You must actually file a Petition with the Bankruptcy Court to benefit from bankruptcy relief.
Answered on Apr 30th, 2014 at 5:43 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If you haven't already filed for bankruptcy, there isn't anything you can do. If you've already filed, the automatic stay applies to the eviction but the landlord can get a new eviction order and lift the stay, if you're not paying your rent.
Answered on Apr 30th, 2014 at 4:45 PM
If a Warrant of Eviction has been issued by the local court before the bankruptcy is filed the automatic stay will not stop or slow down the eviction process. Get your bankruptcy filed before the Warrant of eviction is issued by the Court.
Answered on Apr 30th, 2014 at 4:31 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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A little, but if the landlord goes to bankruptcy court and gets the stay lifted, you will have to bring him current or he will still have you evicted.
Answered on Apr 30th, 2014 at 4:28 PM