[WSBARP] Bankrutpcy and Residential Evictions

[Scott Thomas]

I am not a BR lawyer, but my understanding is that a tenant/debtor must
file a BR petition before a "judgment for possession" is entered, and LL
may continue an eviction without seeking relief from a stay if a judgment
for possession was obtained.  11 U.S.C. 362(b)(22).  However, and
notwithstanding the entry of a judgment for possession, the automatic stay
will continue for 30 days after filing the petition in BR if the debtor
files a certification that state law permits a cure after a judgment for
possession (as does Washington in a nonpayment of rent case, RCW
59.148.410) and deposits rent that will become due within 30 days after the
filing of the petition with the clerk (must be a cashier's check or money
order payable to LL).  Rule 4001-1(b), Local BR Rules, Western Dist. WA.
The auto stay continues if the debtor completely cures and certifies the
complete cure of monetary default within the 30 day period.  11 U.S.C.
362(l). There are different rules for evictions resulting from tenant's
damage to property, or illegal drug use. At least, that is what I have been
told by my BR colleague.

On Mon, May 1, 2017 at 1:51 PM, Scott Russon <scott at englishandmarshall.com>
wrote:

> 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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