Calvert Heights, MD asked in Bankruptcy and Landlord - Tenant for Maryland

Q: Filing Chapter 7 in MD this week. I also have an eviction (rental) hearing next Monday. Question on letting court know

Once filed, how do I let the District Court know that I filed for bankruptcy so that the hearing does not proceed on Monday, Nov. 6th? (As of course, once you file for Chapter 7 bankruptcy, there is an automatic stay/injunction.)

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2 Lawyer Answers
W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Bankruptcy Lawyer
  • Boyertown, PA

A: Assuming you have the Clerk's/Court's contact info from your Notice of the eviction case, the quick way is to telephone the Court/Courtroom Deputy, during working hours, and provide the name of your bankruptcy court, with the Bankruptcy Case No., and date of filing. A more reliable way is to deliver a true copy of your bankruptcy petition, with time-stamped filing info, to the Court/Courtroom Deputy, PRIOR to your scheduled eviction hearing. In addition, and again, prior to your eviction hearing, you should file a Suggestion of Bankruptcy with the MD court/eviction case number, giving your bankrupt info and case number and court.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Upon filing for Chapter 7 bankruptcy, the automatic stay is immediately in effect. To notify the District Court of your bankruptcy filing and invoke the automatic stay for your eviction hearing, file a notice of the bankruptcy case with the District Court where the eviction action is pending. This notice should include your bankruptcy case number and the date of filing. You should also provide a copy of this notice to the landlord or their attorney. If possible, do this as soon as you file your bankruptcy petition to prevent the eviction hearing from going forward. Additionally, make sure to follow any local court rules regarding such notifications, which might require specific forms or procedures. If time is short, you may want to call the clerk of the District Court to inquire about expedited procedures or the possibility of a telephonic notification.

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