[WSBARP] Bankrutpcy and Residential Evictions

[Nicholas Fisher]

You should check the petition filed by the debtor.  They are required to
give notice to the bankruptcy court if in fact they have a judgment against
them for past due rents as there are some protections for those that have
sough relief from the court.  It will probably only help you in your motion
for relief, but if they failed to identify that to the court, you may have
additional recourse.
Nic.

On Mon, May 1, 2017 at 3:56 PM, Scott Russon <scott at englishandmarshall.com>
wrote:

> 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>
> 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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