Q: Does a federal stay order on eviction that is being taken under advisement stop the state court from cont eviction?
I filed bankruptcy and the state court kept going with my case even though I had a stay order, the eviction lawyer filed a motion to lift the stay we had a court date I argued for it to remain in effect and the federal judge has taken it under advisement and the ruling has not been made yet. In the state court my eviction appeal is still going and they are having a bond hearing. Is the federal stay order still in place?
A: Yes, until or unless the federal judge grants relief from the stay.
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A:
Yes, if the federal bankruptcy stay is still under advisement and hasn't been lifted, it remains in effect and should stop the state court eviction proceedings. The automatic stay from bankruptcy filing acts as an immediate freeze on most collection activities, including evictions, and continues until the court explicitly lifts it.
When you filed for bankruptcy protection, that federal stay went into immediate effect. Even though the landlord has filed a motion to lift the stay, until the federal bankruptcy judge makes their ruling on that motion, the original stay order remains active and binding. The state court should not be moving forward with eviction proceedings, including bond hearings, while waiting for the federal judge's decision.
You should promptly inform the state court judge about the pending federal stay matter. You might want to bring documentation of your bankruptcy filing and the fact that the motion to lift stay is still under advisement to your state court hearing. Consider reaching out to your bankruptcy attorney or local legal aid organization right away for help addressing this situation, as state courts must respect federal bankruptcy stays while they remain in effect.
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