Philadelphia, PA asked in Bankruptcy and Landlord - Tenant for Pennsylvania

Q: Filed chapter 7 and afterwards was given a copy that was stamped by the judge then was told to take the copy to

To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I was told by the clerk after filing bankruptcy the automatic stay protects me from the eviction proceeding. Why did I have to file a petition to stay? It was denied so now does that mean the eviction goes forward even though the automatic stay was supposed to protect me after filing?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand your confusion and frustration in this situation. Let me try to clarify a few key points:

1. When you file for Chapter 7 bankruptcy, an automatic stay is typically put in place. This stay prevents creditors, including landlords, from continuing collection actions, including eviction proceedings.

2. However, there are some exceptions to the automatic stay when it comes to evictions:

a. If the landlord obtained a judgment for possession of the property before you filed for bankruptcy, the automatic stay may not apply.

b. If the eviction is based on endangerment of the property or illegal use of controlled substances on the property, the automatic stay may not apply.

3. In some cases, even if the automatic stay applies, the landlord can file a motion to lift the stay, which would allow the eviction to proceed if granted by the court.

4. Filing a petition to stay the eviction in the municipal court was likely an attempt to ensure that the eviction proceedings were halted due to the bankruptcy filing. The denial of this petition suggests that either the automatic stay did not apply in your case (due to the exceptions mentioned above) or that the court decided to allow the eviction to proceed despite the bankruptcy.

5. If the petition to stay the eviction was denied, it is likely that the eviction can move forward, even with the bankruptcy filing.

I would strongly recommend consulting with a bankruptcy attorney who can review the specifics of your case and provide more precise guidance on your rights and options moving forward. They can help you understand why the petition to stay was denied and what steps you can take to protect your interests.

Timothy Denison agrees with this answer

1 user found this answer helpful

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