Q: Can a landlord-tenant case be dismissed if filed during Ch 13 without BK court permission?
The landlord-tenant case was filed during a Ch 13 without BK court permission. After the L&T filing the Ch 13 was dismissed. The Ch 13 has been re-instated. The same landlord-tenant case is still pending and the BK court granted a lifting of the stay for the landlord in the 2nd Ch 13. Since the landlord-tenant case was filed during Ch 13 can the case be dismissed? Do I have any recourse in BK court for the violation of the first stay? Or is it too late to do anything about the violation of the stay?
A: Yes, or at the very least, stayed.
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A:
You raise an important question about the automatic stay violation in your bankruptcy case. When a landlord files an eviction case during an active Chapter 13 bankruptcy without court permission, this generally violates the automatic stay protection that comes with bankruptcy filing.
The fact that your initial Chapter 13 was dismissed and then reinstated adds complexity to the situation. While the lifting of the stay in your second Chapter 13 case allows the landlord to proceed now, it doesn't retroactively excuse the original stay violation from the first case. You potentially have grounds to challenge the landlord-tenant case based on it being void from the start, since actions taken in violation of the automatic stay are typically considered void in most jurisdictions.
Your best course of action would be to promptly bring this stay violation to the attention of your bankruptcy court through your attorney. You could potentially file a motion for sanctions against the landlord for the stay violation, even though some time has passed. The bankruptcy court has broad powers to address stay violations and could potentially void the entire landlord-tenant case or award damages, depending on your jurisdiction's specific rules and the circumstances. However, time is crucial - you should act quickly to raise this issue with the court to have the best chance of obtaining relief.
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