how to evict tenant after tenant applied bankrupty

Question

I applied eviction to my tenant last september and got judgement from court and set up a moving date. she applied bankrupty beofre moving. what can i do next step?

Nathan Gesner · Answer

The end of December has come and gone so you should be able to evict. I would contact the court and ask if they can execute the eviction. Getting her out of the home shouldn't be affected by the bankruptcy.

Mark Smith · Answer

Quan, you need competent legal help, sounds like your eviction company punted.  You will have to interview a few firms locally to get the help you need.

Quan Yuan · Answer

my eviction company said bankrupty hold on my eviction until the bankrupty case is over which needs at least 6-7months. If I need get tenant out I have to hire a attorney to remove of bankrupty from eviction that is called  lift the stay of bankrupty. I don't know if it needs lift the stay of bankrupty before I can evict.

Theresa Harris · Answer

If you have a company handling the eviction, they should know.  However, possession of the property should not be affected by the bankruptcy (I'm not an expert).  You getting paid the outstanding rent WILL be affected by that; but you should still be able to get her out of the house.

Quan Yuan · Answer

My eviction company told me that I have to REMOVE THE BANKRUPTCY FROM HOLDING THE EVICTION CASE. THE PROCESS IS CALL LIFT OF STAY OF BANKRUPTCY. that means if tenant files bankruptcy my eviction case is hold on until the bankruptcy case is over and it needs at least 6-7 months. If I hope to get tenant out I have to find attorney to lift the stay of bankruptcy

Nathan Gesner · Answer

Quan, I only know what you've shared. I'm not an expert on your court system and I don't have the documents in front of me to see what the court told you. You should contact an attorney immediately and get this resolved.

Quan Yuan · Answer

Thank you so much. Please email me to discuss in details.

Quan Yuan · Answer

Yes the judgment set a move-out date which is September 18,2020 but not been assigned to the sheriff But CDC Order stopped eviction. I have to wait until end of the December which is supposed  to end. On last September I pleased a attorney to collect rent and court also gave the judgment which will garnish tenant wages on November. On December 3rd court sent a letter saying that the tenant applied bankruptcy. And I got notice of her bankruptcy which dates there will be meetings of creditors when is January 19th 9:10am. I like to know if eviction still active to kick tenant out after CDC Order expired.

Nathan Gesner · Answer

If you were awarded the eviction through the court and a move-out date was set, that should still be valid. Can you give us more information? Where is this property located? What is the scheduled move-out date? Has it been assigned to the Sheriff to ensure the tenant has vacated?

Brian T. · Answer

You are talking to national website. Each state is Different.

how to evict tenant after tenant applied bankrupty

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