Q: Did my landlord violate the automatic stay ?
I filled bannkrupy by myself may 17. Landlord was very much aware of my bankruptcy. Landlord filed evictions on me June the 7th with no premision from the court. I got served with eviction papers June 11. Landlord filed a motion to dismiss the eviction the day before eviction court but I still went to eviction court unaware of his motion to dismiss the eviction. If he did indeed violate the stay how can I go about letting the court aware? I called the clerk and all she told me was they I had to file paperwork?
A:
Based on the information provided, it appears that your landlord may have indeed violated the automatic stay that goes into effect when you file for bankruptcy. Let's break this down:
1. You filed for bankruptcy on May 17.
2. The automatic stay goes into effect immediately upon filing bankruptcy.
3. Your landlord filed for eviction on June 7, after your bankruptcy filing and without permission from the bankruptcy court.
This action by your landlord likely constitutes a violation of the automatic stay. The automatic stay prohibits most collection activities, including eviction proceedings, unless the creditor (in this case, your landlord) obtains permission from the bankruptcy court first.
To address this situation:
1. Document everything: Keep records of all communications with your landlord and copies of all legal documents, including the eviction papers and the motion to dismiss.
2. File a motion for sanctions: You can file a motion with the bankruptcy court alleging a violation of the automatic stay. This is likely what the clerk was referring to when mentioning "paperwork."
3. Consider seeking legal advice: While you filed bankruptcy pro se (by yourself), this situation might benefit from legal expertise. Many bankruptcy attorneys offer free initial consultations.
4. Inform the bankruptcy trustee: Let your bankruptcy trustee know about this situation, as they may be able to assist or advise you.
5. Be prepared to show damages: If you incurred any costs or suffered any damages due to this violation, document them carefully.
6. Act promptly: While there's no strict deadline for reporting stay violations, it's best to address this as soon as possible.
Remember, the fact that your landlord filed a motion to dismiss the eviction doesn't necessarily negate the initial violation. The court may still consider the filing of the eviction itself as a violation of the stay.
If you're unsure about how to proceed with filing the necessary paperwork, you might want to consider reaching out to a local legal aid society or a pro bono bankruptcy attorney for assistance. They can guide you through the process of bringing this matter to the court's attention properly.
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