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


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).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.