[RPPTL LandTen] Eviction vs. Bankruptcy question

[Harry Heist]

We deal with this all the time. You have to file a  Motion for Relief for
Stay.  You may want to dump the eviction case ASAP so you don't get in
trouble.

 

The landlord can't even serve a 3 Day without getting the Stay lifted.

 

Harry

 

LAW OFFICES OF 
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, November 29, 2011 12:47 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Evicton vs. Bankrupty question

 

Fellow Group Members,

 

I have a situation where I recently filed an eviction against a residential
tenant who is currently in bankruptcy proceedings.  In fact, the tenant just
filed a few weeks ago, but I think it's important to note that the
bankruptcy was filed before the eviction was filed.  The attorney
representing the tenant in bankruptcy says they are going to ask for a stay
on Eviction case.  No lease by the way.  Not suing for back rent, just
possession.

 

My understanding is that the landlord can proceed with the eviction, in rem
only, as long as we are not seeking monetary damages, but I know very little
about bankruptcy.  Has anyone else ever faced this situation?  Or does
anyone know enough about bankruptcy to say whether the eviction would be
stayed?  Any suggestions are appreciated. 

Cary 

Law Offices of Cary P. Sabol

P.O. Box 15981 | West Palm Beach | Florida | 33416 

Phone: (561) 281-2744 

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