If I was served a writ on the 28th but I filed Chapter 13 on the 25th, do I have to move?

Asked on January 30, 2013 under Bankruptcy Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

While a bankruptcy filing can slow down the eviction proces, it cannot stop it. If a landlord sued their tenant for eviction and won a judgment for possession before the tenant filed for bankruptcy, then they can proceed to have their tenant legally removed; if a landlord has not won a judgment for eviction prior to their tenant filing, then the landlord cannot deliver a termination notice. This is because of something known the "automatic stay". That having been said, a landlord can go to the bankruptcy court and ask the judge to "lift" (i.e. remove) the stay so that they can proceed with the eviction. In most cases the stay is lifted within several days.


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