[WSBARP] Bankrutpcy and Residential Evictions

[Scott Russon]

I have landlord client who has a sheriff's eviction set for tomorrow, and who just received notice that the tenant filed bankruptcy today.  Client previously obtained a judgment and writ of restitution.

Does the automatic stay prevent the sheriff's eviction tomorrow?  I was under the impression that the automatic stay would prevent client from collecting on the judgment but would not prevent us from executing the writ for possession of the property.  Am I not correct and we have to request for relief from the stay in bankruptcy court?

Sincerely yours,

SCOTT E. RUSSON
Attorney at Law

English & Marshall, PLLC
12204 S.E. Mill Plain Blvd., Suite 200
Vancouver, WA 98684
Phone: (360) 449-6100
Fax:    (360) 449-6111

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