What to do if I filed Chapter 7 and had the 341 meeting already but my landlord is filing a motion to rule the automatic stay inapplicable?

Does he/need to go to federal court and make motion to vacate automatic stay and then return to state court to proceed with eviction?

Asked on September 24, 2012 under Bankruptcy Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under federal bankruptcy laws your landlord in order to evict you from your rental needs to file a petition with the bankruptcy court for relief from the automatic stay precluding any civil court action at the state level with respect to you and your lease.


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