If a landlord removes the stay of proceedings what happens next

[wayne Jahner]

Jurisdiction

Washington

If I filed my Bankruptcy before my landlord gets there eviction proccessed! Then the landlord goes to bankruptcy court and the bk judge removes the stay of proceedings what happens next do we go to court for the eviction or does he have to go back to superior court to evict me or does the banruptcy judge sign off on the eviction with out me even knowing?

 

[mightymoose]

The bankruptcy judge will have nothing to do with the eviction other than to lift the stay, which from what I understand is done quite frequently.
The bankruptcy would continue in the federal court while the eviction moves forward at the superior court with the federal stay lifted, .

 

[wayne Jahner]

so then would they have to serve us with the new court date for eviction?

 

[army judge]

If I filed my Bankruptcy before my landlord gets there eviction proccessed! Then the landlord goes to bankruptcy court and the bk judge removes the stay of proceedings what happens next do we go to court for the eviction or does he have to go back to superior court to evict me or does the banruptcy judge sign off on the eviction with out me even knowing?

Your LL files an eviction on June 1st.
You file a BK on June 5th.
The EVICTION proceeding is halted by the federal stay.
The stay will last about 90 days MINIMUM depending on where you file.
The financial impact of the eviction is nullified by the BK discharge.

The ability of the LL to regain his property is thwarted until the BK is discharged.

I advise clients to use the time to save money, look for housing, and prepare to move at least 7 days BEFORE the stay is lifted by the BK discharge.

If you live fast and loose, you might have 4 to 6 additional weeks as the eviction proceeds once the stay is lifted.

No one wants the devastating damage an eviction can bring into their life.

File a BK ASAP after an eviction action is filed.

File the BK before the eviction is formally filed, you eliminate unintended consequences.

Be sure you save as much money as you can during the stay period, not BEFORE the BK is filed.

 

[wayne Jahner]

still no one answers the question? Does the LL have to get another court date from the original Judge to evict after the stay is lifted? Or does the stay being lifted automatically grant them the eviction even though it was never granted in the first place?

 

[army judge]

still no one answers the question? Does the LL have to get another court date from the original Judge to evict after the stay is lifted? Or does the stay being lifted automatically grant them the eviction even though it was never granted in the first place?

I answered your question.

I'll answer THIS one.

The BK has nothing to do with the eviction, EXCEPT it HALTS the eviction until the BK is discharged.

Once the BK has ended (has been discharged) the LL is free to return to state court and pursue the eviction.

You'll owe the LL nothing (as in DOLLARS), so all the LL can do is seek your lawful removal.

Whatever you owed the LL BEFORE the BK began, plus what accrues during the stay is wiped clean, BY OPERATION OF LAW.

He will only get you out, if you haven't left upon the BK being discharged.

An eviction on your record will destroy your ability to rent decent housing for decades, which is why I suggested you leave at least a week before the BK is discharged.

Why?

Some LLs go to BK court near the end of the process and request the judge to lift the stay EARLY so that the LL can continue with the eviction.

That is best avoided, but you're free to choose that route if you so desire.

 

[zddoodah]

do we go to court for the eviction or does he have to go back to superior court to evict me or does the banruptcy judge sign off on the eviction with out me even knowing?

The filing of the bankruptcy put in place an automatic stay of the eviction proceedings. Apparently, the BK judge lifted the stay. The eviction proceedings can therefore go forward in the superior court.

so then would they have to serve us with the new court date for eviction?

It is not possible to serve a date on someone. Anything filed in the eviction case (including any notices regarding court appearances) should be served on all parties.

Does the LL have to get another court date from the original Judge to evict after the stay is lifted?

Depends on whether or not any previously scheduled hearing dates have passed.

does the stay being lifted automatically grant them the eviction even though it was never granted in the first place?

No.