Eviction appeal and banckruptcy - Landlord Forum thread 351376

Eviction appeal and banckruptcy by Anonymous on March 27, 2017 @21:00

Had evection court date 3-21-2017 for no-payment of rent, Tenant was no show. I received a default judgement and possession of property. Set out date was set for 3-28-2017. Tenant text me today @4:55 pm to say they filed for bankruptcy today also a pauper's affidavit. Tenant stats he now has until April 3rd to pay 1 months rent to the court. Tenant has not paid rent since February. When can I get my property back?

[ Reply ] [ Return to forum ]

Re: Eviction appeal and banckruptcy by Anonymous on March 27, 2017 @21:25	[ Reply ]

When the bankruptcy court says so. You must verify that indeed the tenant has filed and ask the court to grant you possession back to you. All attempts to collect or demand payment on your part must stop immediately. You will need a lawyer.

Re: Eviction appeal and banckruptcy by Nicole (PA) on March 27, 2017 @22:18	[ Reply ]

the bankruptcy court should have notified your sheriff's dept (or whoever is in charge of tomorrow's lockout). If not, continue on until the official notice arrives. I'm not sure if a verbal "I filed bankruptcy" is actual notice but the sheriff will verify if told about a bankruptcy. I'm not sure the court already gave the tenant those few days to pay rent. How would he get in front of the judge/trustee the same day he filed? If tenant did file, you need an attorney to help you with the bankruptcy court maze.

Re: Eviction appeal and banckruptcy

Re: Eviction appeal and banckruptcy by Kat (CA) on March 28, 2017 @17:51	[ Reply ]

Was the unlawful detainer or judgement already entered and you are just waiting for the set out? What state are you in? If the tenant filed after the judgement was entered, that may not stop the setout, depending on your state.

Re: Eviction appeal and banckruptcy

Re: Eviction appeal and banckruptcy by Anonymous on March 28, 2017 @20:17	[ Reply ]

So did the Tenant get booted out by the sheriff today?