[WSBARP] Bankrutpcy and Residential Evictions

[Scott Russon]

Thank you.  That mirrors the info I received from a call into my bankruptcy friend.

--Scott

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott Thomas
Sent: Monday, May 01, 2017 2:24 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Bankrutpcy and Residential Evictions

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<mailto: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<tel:(360)%20449-6100>
Fax:    (360) 449-6111<tel:(360)%20449-6111>

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