If we obtained a writ of restitution but out tenants filed bankruptcy 2 hours later, what do we do now to get them out of our house?

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If we obtained a writ of restitution but out tenants filed bankruptcy 2 hours later, what do we do now to get them out of our house?

Asked on January 10, 2013 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An eviction (or collection) proceedings will be stayed (halted) pursuant to the bankruptcy filing. You'll need to get a court order lifting the stay for purposes of eviction. This is a procedurally complex thing to do; you should retain experienced landlord-tenant counsel to help you. Until the stay is lifed, you will have to keep the tenant in possession.

 


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