Question
Is a writ of possession delayed during a bankruptcy?
I got a writ of possession . My landlord had been threatening to evict me from the apartment, but I tried to explain that I was filing for bankruptcy. Now I am being forced to move out. What can I do?LawQA.com Answer Library
Answered By: AZ Law Group of Trezza & Associates
Usually if a writ has been issued then bankruptcy wont stop the landlord from taking possession. You need to consult with a lawyer.
Answer Applies to: Arizona
Replied: 10/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Arizona
Replied: 10/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dan Wilson Bankruptcy
Only for a very short time. If you want to stay you have to pay.
Answer Applies to: Colorado
Replied: 10/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 10/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: AyerHoffman, LLP
Much depends on the type of tenancy you have. If you have a lease and you have not breached any material terms of the lease contract you may fight the eviction successfully by demonstrating at the summary process hearing that there is no ground for the eviction. If you do not have a lease and your landlord has notified you of the eviction at least one full rental period prior to the date you are to vacate, you don't have much of a defense. If finding another place is a problem, it is possible to "hold over" and stay in the property, still paying rent, until you find something new. Your landlord has a right to increase your rent if you are holding over. Any unpaid rent from before the date your bankruptcy petition is filed will be discharged in the bankruptcy.
Answer Applies to: Massachusetts
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law office of Bill Rubendall
If you no longer have the right to possession, filing a bankruptcy will not delay eviction.
Answer Applies to: California
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Janet A. Lawson Bankruptcy Attorney
The bankruptcy will slow down the sheriff, but ti will not stop it. If the landlord has a writ of possession you are moving soon. The sheriff will come and change the locks on the rental and you may not enter it again after that. You need to get your belongings moved.
Answer Applies to: California
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Darren Aronow, PC
It does not matter that you "intend" to file bankruptcy, you are only protected by the bankruptcy courts when you file. So if you file bankruptcy before the writ is executed, it will "stay" the execution of that writ. However, the landlord may send attorney to federal court to request a motion for relief so that they can continue with the execution of the writ. You should speak to your attorney quickly if you want to take advantage of the "automatic stay" of the bankruptcy filing.
Answer Applies to: New York
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Theodore N. Stapleton, PC
If your landlord has a judgment for possession a bankruptcy will generally not stay eviction. I am happy to discuss these issues with you. Please call to schedule a free consultation.
Answer Applies to: Georgia
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Eliza Ghanooni, Attorney at Law
You have already been evicted and now you are technically considered a trespassor. You should move out as soon as possible.
Answer Applies to: California
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Joseph A. Mannis
If the U.D. has already gone to a judgment, which it sounds like it has, you're not going to delay the process by filing your bankruptcy.
Answer Applies to: California
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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