QUESTION
What can I do if the landlord violated the automatic stay?
Asked on May 06th, 2013 on Bankruptcy - California
More details to this question:
She received possession and judgement today after I filed for bankruptcy under my fiancé’s name but both of our names are on the lease.
7 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Did you or your fiance make arrangements to catch up on unpaid rent within 60 days after filing the bankruptcy? If not, there is nothing in the Automatic Stay statute which keeps the landlord from evicting you. Consult a skilled bankruptcy lawyer.
Answered on May 15th, 2013 at 5:13 AM
A bankruptcy litigator will be able to file an action in bankruptcy court to impose a financial penalty upon the landlord for violating the bankruptcy "automatic stay."
Answered on May 08th, 2013 at 7:19 AM
Deborah F. Bowinski
Your fiance should contact his or her lawyer immediately. If there is no attorney then the questions become whether the notice to the landlord was made properly, when the case was filed relative to the landlord's actions, and whether the landlord could have proceeded against you as the co-lessee in spite if the bankruptcy filing. Your fiance should retain a lawyer if that has not been done already.
Answered on May 08th, 2013 at 6:36 AM
Consumer Finance Attorney serving Vancouver, WA
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Robert Russell Law Office
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You can file a lawsuit for damages. Also, I'd suggest that the writ of restitution is void. NOTE: This response does not constitute legal advice or create an attorney-client relationship. Please seek legal advice from your counsel to see how the law applies to your particular facts.
Answered on May 08th, 2013 at 5:58 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Advise your attorney, but the Landlord can proceed against your significant other if they have not filed.
Answered on May 08th, 2013 at 5:35 AM
Bankruptcy Attorney serving Omaha, NE
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Heineman Law Office
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The landlord has violated the automatic stay. You should make sure the landlord is aware of your bankruptcy, and ask him to withdraw his judgment. If he does not, file an action against him in the bankruptcy court.
Answered on May 08th, 2013 at 4:59 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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You need to see an attorney. You cannot file bankruptcy under your fiance's name.
Answered on May 07th, 2013 at 5:22 PM