Q: Does filing bankruptcy stop an execute a Writ of Restitution (Eviction.) CRS 13 - 40 - 122 in colorado springs
Chapter 7 bankruptcy emergency filing same day as judgement against Issue of Possession in District court. Judge denied request for additional time to retain attorney after attorney was unable to represent defendant one business day before county court hearing. Defendant filed request to move from county court to district court. District Court was held 8 days after request. Appeal is being filed to Appeals court asap.
A: Yes, the filing of a bankruptcy petition normally halts state court foreclosure proceedings against the debtor. The person who wants to evict would have to ask the bankruptcy court for relief from the automatic stay of bankruptcy.
A: Terrence is correct that Chapter 7 will temporarily stop the court order, however, the likelihood of permanently excusing/discharging the restitution award is very low. The filing dates present a strong case for an "abuse" of bankruptcy claim by the creditor. Here is the overview: https://en.wikipedia.org/wiki/Bankruptcy_Abuse_Prevention_and_Consumer_Protection_Act.
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