Charlotte, NC asked in Bankruptcy, Business Law, Civil Litigation and Landlord - Tenant for North Carolina

Q: What if tenant in retail space declares bankruptcy and is being evicted? How do you evict them? (

Judge granted for judgement of possession (ruled in our) favor but tenant filed for bankruptcy on the 10th day (last day to appeal). Can I still file for a writ of of possession to remove from the property? (I know bankruptcy creates automatic stay but he filed after the judges ruling but before the appeal date was over) what needs to be done next?

2 Lawyer Answers

Timothy Denison

Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You must petition the bankruptcy judge to terminate the stay as to you. Once the stay is terminated, you can then go back to the eviction judge and get the sheriff to remove them from your property.

Paige Kurtz

Answered
  • Bankruptcy Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: You will need to seek relief in the bankruptcy court. Once the bankruptcy is filed, there is an automatice stay on all actions against the debtor.

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