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Yes, if the debt/contract has not been included in the bankruptcy filing, a landlord may proceed with eviction process unless or until notified by the court to do otherwise. It would be advisable for the involved party to be certain that state laws pertaining to the action are properly followed. Actually the answer is likely no. Once a bankruptcy is filed, any and all collection activities must cease, whether you were listed on the scheudles or not. Because you note the tenant filed for bankruptcy, you are aware of it even if you didn't get official notice. But the real question is the date of the debt. Like most rental agreements, the agreement is for an annual lease payable in monthly installments. So if the contract was signed prior to the filing, then the debt would be included. If the contract was signed after the filing, then it is not part of the bankruptcy. There are special provisions regarding residential leases and landlords. It would be advisable for you to invistigate them or contact an attorney. It is possible to evict a tenant even with a bankruptcy filing as evictions are not always considered a collection acitivity. But again, there are special rules regarding this situation. You may not be able to evict for a set time period, but then would be permitted to do so later.
What else can I help you with?
Can a creditor file an adversarial claim in bankruptcy court in a personal 7 bankruptcy for something that they contend occurred during a business bankruptcy 2 years previous. No claim was filed then.?
No, a creditor is required to file a claim if seeking payment, otherwise that claim is considered waived. So in this case. if there was no claim, then it was waived and the debt discharged. But even if it was filed, it would have been discharged in the business BK.
How do you add a creditor to bk?
If the trustee meeting has occurred, contact your attorney and have him fine a new creditor with the trustee. If the trustee meeting has not occurred, you may add new creditors at this meeting.
Are all debts automatically discharge in chapter 7 bankruptcy for a bankruptcy that occurred in 1988?
If a debt was listed on a Bankruptcy that you filed and the Bankruptcy went through then that debt is permanently discharged with a Chapter 7.
Can homeowner regain home after eviction?
If an eviction has already occurred, then that means your mortgage note was in default for quite some time and most likely the home already has a new owner. It would be too late to salvage the house by the time an eviction has already been carried out.
Will bankruptcy trustee take pain and suffering settlement?
If (a) you filed Chapter 7 *AND* (b) the injury occurred *AFTER* you filed, no. Otherwise, you should discuss it with your bankruptcy attorney.
Does an eviction from one state show up in another state?
Evictions are typically a matter of public record, so information about an eviction in one state could potentially show up during background checks in another state. However, the process can vary, so it's advisable to check with the relevant authorities in the state where the eviction occurred and where you are applying for housing.
Can someone add a debt onto their bankruptcy even though the debt occurred after they had filed for Chapter 7?
No, this is considered a post-petition debt. It would not be covered by the bankruptcy, you would legally owe this debt. Bankruptcy only covers charges up to the filing date. Not the meeting date,not the discharge date and not the closing date.
If a former partner has HIV will you be notified?
it is up to the former partner to notify everyone , if this is not done the partner could be arrested and held responsible for any illness or death that has occurred because of their irresponsibility.
How do you find out if you have ever been evicted?
Most people know if they have been evicted. It is a court procedure and they receive a summons. If this is not the case, it Is possible to check with the court in which you believe the eviction occurred. It is also possible to check your credit report,
Can someone add a debt onto their bankruptcy even though the debt occurred before they filed for chapter 7?
You are supposed to list all of your debts. Have your attorney add it.
Why would a bank file a motion for relief of stay for post-bankruptcy payments when the entire amount owed is in the bankruptcy?
You need to contact the attorney who handled your bankruptcy and let them act on your behalf. The only thing I can think of, is the bank might feel a fradulent transfer of assets has occurred. Or they believe they are able to use an offset action. Something strange here, get legal counsel asap.
Can the police remove somebody from the apartment if rent is not paid on time?
Absolutely not. Police do not assist in evictions: Sheriff deputies and constables do, and then only if a lawful eviction has occurred and a writ of ejection/writ of possession has been printed and signed by the judge or magistrate.
