What is our next step if we are being evicted before we get the writ of possession?

Contact the owner and work out a move out date asking to avoid having an eviction on your record. It will effect your ability to rent in the future.

Once a party files for bankruptcy, the pending litigation in Superior Court is automatically stayed. If the tenant files for Bankruptcy after the landlord has gotten a judgment, but prior to the Writ of Possession being issued, the landlord has to bring a Motion for Relief from Stay in the Bankruptcy Court, asking the Bankruptcy Court to grant the landlord the ability to pursue having the Writ issued in order to regain possession of the premises. Bringing motions in Bankruptcy Court require knowledge of the procedures of Federal Court, and therefore it is advisable to contact an attorney for assistance with this process.

CONTACT AN ATTORNEY If you filed for bankruptcy, and IF you notified your landlord and the COURT WHICH ISSUED THE EVICTION, by continuing the eviction process they are violating the automatic stay of actions against a bankrupt (e.g. violating federal law).

If you file a bankruptcy petition before the judgment for possession, the bankruptcy stay stops the eviction. However, the landlord may file a motion for relief, requesting permission to resume its eviction. You would have a short time to cure your rent defaults.

You should move.