Steven Chipman
10-26-2005, 04:49 AM
What protection, if any, does bankrupcty under the old law protect
against eviction? I currently reside in public housing and I am one
month behind on the rent. Is it more a stay in the eviction than an
actual defense against my landlord enforcing an eviction?
JoblessDave
10-26-2005, 09:26 AM
"Steven Chipman" <schipman2@cox.net> wrote in message
news:Y2K7f.6510$vS1.5650@dukeread03... What protection, if any, does bankrupcty under the old law protect against eviction? I currently reside in public housing and I am one month behind on the rent. Is it more a stay in the eviction than an actual defense against my landlord enforcing an eviction?
The old law only temporarily stayed eviction. If payments weren't being
made the landlord/owner could make a motion with the court to lift the stay.
After the stay was lifted eviction could take place as usual. The new
automatic stay doesn't apply at all to eviction in cases in which the
landlord has obtained an order for possession (after an unlawful detainer
action) prior to the debtor filing bankruptcy.