QUESTION
Will an automatic stay save me when the Sheriff comes?
Asked on Oct 29th, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
I filed bankruptcy before the judge made the eviction judgement against me. He was very one sided and I didn't have time to file the Stay before the hearing. He barely looked at it when I tried to show it to him and he didn't accept it, he gave it back to me. I filed it the next day the court house was open. He said he was giving me 5 days to move when we were in court. I only filed it at the court house and didn't serve it to anyone else. What should I expect to happen next? How long do I have?
2 ANSWERS
Lisa Hurtado McDonnell
He can still evict you. He may not be able to collect past rent but you still owe current and future rent.
Answered on Oct 31st, 2013 at 7:32 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you have filed bankruptcy, the automatic stay is in effect and does not really have to be served. If the sheriff violates the stay he may be liable for damages as would the landlord. The person that needs to know about the stay is the landlord. However, it is very likely that he can go to bankruptcy court and have the stay lifted and continue with the eviction.
Answered on Oct 31st, 2013 at 6:13 AM