What to do if I’m currently in bankruptcy but my landlord took possession of my apartment and filed for eviction?

Asked on October 21, 2014 under Bankruptcy Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Go to the court which handles landlord-tenant matters with a copy of your bankruptcy filing and explain that you landlord took possession of your apartment and filed for eviction, and that you need to be let back in and have the case dismissed. Eviction is considered a "collections" proceeding it exerts pressure on the tenant to pay his/her back  due rent, and all collections proceedings are supposed to stopped, or stayed, during bankruptcy unless a court specifically lifts the "automatic stay." If you are in bankruptcy and the stay has not been lifted as to your landlord, the landord should not be able to evict you at present (though he/she will be able to do so at some point in the not-too-distant future; if he/she applies for the stay to be lifted and the eviction to go foward, a court will likely grant that application).


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