[WSBARP] Bankrutpcy and Residential Evictions

Kary L. Krismer krismer at comcast.net
Mon May 1 15:54:02 PDT 2017


I haven't practiced bankruptcy for over 10 years, but my strong suspicion  
is that if you proceed you will be looking at an order to show cause for  
contempt from the bankruptcy court.  Maybe someone who has practiced more  
recently can chime in, but in general if you're in doubt you should seek  
relief from stay.

Kary L. Krismer
John L. Scott/KMS Renton
206 723-2148

On Mon, 01 May 2017 13:51:18 -0700, 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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-- 
Kary L. Krismer
206 723-2148

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