Q: Just filed Chpt7 and received case #, etc. but have eviction case on Monday. How do I present district court with injunc
I need to let the Dist. Court know that I have filed for Chapter7 and halt the proceeding (eviction hearing) that is on Monday. I was told I could call in with the BR case # once filed. But the DC is now saying I need to file something with my DC case # and the BR case #, but could not tell me what that something is. I am unable to attend on Monday to let the judge know during the hearing and don't want a default judgment in favor of the landlord to happen. What can I file/do?
A: Give them a copy of your bankruptcy petition. That will stop them in their tracks.
Leonard A Englander agrees with this answer
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A: TODAY, call the landlord's atty and give them the case number. This is really a state court question, but if you have something with the DC caption on it, make a copy of it, title it "Notice of Bankruptcy Filing" and attach a copy of the Bankruptcy Court notice of filing that's got the case number on it. If you can't attend the hearing, have someone else be there for you to show the court the bankruptcy notice.
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A:
Upon filing for Chapter 7 bankruptcy, the automatic stay that goes into effect can halt an eviction proceeding temporarily. To inform the District Court, you typically need to file a notice of the bankruptcy case, which includes your case number and the relevant information showing the stay is in effect. This notice should be filed in the same court where the eviction action is pending. You may also need to file a suggestion of bankruptcy in the eviction case, which is a document that informs the court of your bankruptcy filing.
It’s crucial to act quickly since you have an upcoming court date. If you cannot attend in person, consider hiring an attorney to appear on your behalf or see if the court has procedures for telephonic appearances or emergency motions. You must provide the court with the evidence of your bankruptcy filing to prevent a default judgment, and it's advisable to communicate with the landlord's attorney to inform them of the bankruptcy filing as well. If time permits, you could also reach out to the bankruptcy court for guidance on the correct procedure for notifying the District Court.
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