Re: Eviction appeal and banckruptcy - Landlord Forum thread 351383

Re: Eviction appeal and banckruptcy by Anonymous on March 27, 2017 @23:59

Bankruptcy court trustee will only notify those creditors the tenant list and what will be published in the news paper. The tenants lawyer is responsible to notify the court system. No mater how the landlord is notified, all collection activity must stop at once. Filing can be done electronically and everyone is prohibited from taking any action until the creditor hearing, which may or may not include the landlord. It's up to the landlord, thru an attorney, to petition the court for relieve. But the landlord needs an attorney who practices before a federal bankruptcy court.

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Re: Eviction appeal and banckruptcy by Anonymous on March 28, 2017 @06:00	[ Reply ]

In my town you meet with the sheriff at the property on said day. So unless the sheriff has been made aware of some other action then the sheriff would allow for T property to be removed by me or my personnel to set it at the curb from the house, and I could change locks and re take the property. I would follow what the sheriff orders were myself.

Re: Eviction appeal and banckruptcy by Anonymous on March 28, 2017 @16:35	[ Reply ]

I would not rely on whether the Sheriff knows or not. It is the landlord who is the creditor and will be held in violation of the automatic stay. The penalties for violating the automatic stay are severe, into the tens of thousands. The law also allows other creditors to sue any party that violates the automatic stay. You do not want to be violating federal law!