Chapter 7 & Eviction

[Anewtasha]

Virginia - I filed a chapter 7 bankruptcy without an attorney. I have now received calls, text, emails, a letter in the mail as well as a note on the door stating if I don't vacate the house that I'm renting in 3 days he's going to file for an eviction. What do I do?

 

[Zigner]

Virginia - I filed a chapter 7 bankruptcy without an attorney. I have now received calls, text, emails, a letter in the mail as well as a note on the door stating if I don't vacate the house that I'm renting in 3 days he's going to file for an eviction. What do I do?

Is the landlord aware of your bankruptcy filing?

 

[Anewtasha]

Yes he is. I sent him a copy of the filing notice when I filed.

 

[LdiJ]

Yes he is. I sent him a copy of the filing notice when I filed.

Why did you send him a copy? Did you owe him money that you were including the bankruptcy? Are you not paying your rent?

In any case, I do not believe that he can evict you while the bankruptcy is pending, but he can certainly do so right after your bankruptcy is finished. You will however, have to go to court and defend yourself on the basis of having a pending bankruptcy.

 

[Zigner]

Why did you send him a copy? Did you owe him money that you were including the bankruptcy? Are you not paying your rent?

In any case, I do not believe that he can evict you while the bankruptcy is pending, but he can certainly do so right after your bankruptcy is finished. You will however, have to go to court and defend yourself on the basis of having a pending bankruptcy.

The LL can ask the court to allow an eviction to proceed.

 

[Anewtasha]

I owed about 740. I intended on leaving and I've already applied for a place. I'll definitely be going to court.

 

[LdiJ]

The LL can ask the court to allow an eviction to proceed.

Yes, of course any creditor can ask the court to lift the automatic stay. How often that happens is probably unknown to anybody but a bankruptcy attorney.

 

[Anewtasha]

Do I have to move within 3 days?

 

[LdiJ]

Do I have to move within 3 days?

No, you do not. You have to move when the judge says you have to move. You are not actually evicted until the judge says so.