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


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.

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.