QUESTION
What happens on eviction while filing Bankruptcy?
Asked on Aug 09th, 2013 on Bankruptcy - New Jersey
More details to this question:
My tenant told me she filed for bankruptcy last month - she did not owe me any money before she filed. She said she will not be able to pay my rent until the end of this month. I have not received any information from the court about the case or saying I am listed as a creditor - she will have her first court appearance in 3 days. Since I presume I am not listed as a creditor because she did not owe me rent by time of filing nor have I been notified by court, does the "automatic stay" still apply to me? Can I start the 5 day to pay or quit and then eviction process due to no payment post-filing or do I have to request a lift from stay?
3 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You need to check to see if see listed you as a creditor. If she did and you violate the automatic stay you could be in contempt o court. You can check a the pacer website.
Answered on Aug 12th, 2013 at 11:56 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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The automatic stay probably still applies. It is a grey area as she did not owe you any money at the time of the filing, but you will be affecting her and her case for post petition. I would recommend that you hire bankruptcy counsel, file a Motion to Vacate Stay as a pre-caution (some call it a Comfort Order) and then after you get that Order, do your eviction.
Answered on Aug 12th, 2013 at 11:56 AM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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You should have been listed as an "Executory Contract." You have to get "Relief from the Automatic Stay" from the bankruptcy court even if you were not listed before you can proceed in landlord/tenant court.
Answered on Aug 12th, 2013 at 10:36 AM