Eviction / Tenant Bankruptcy

[Paul Barber]

Hi BP!

Yesterday, I got a default judgment on a 2-count eviction (for nonpayment AND for a confrontation with the property manager involving the police). Today, I found out that they filed for bankruptcy protection. My question is - Will the courts still let the eviction proceed because of the second count since it is not a financial matter? I’m impatiently waiting to hear from my lawyer but wanted to put it out to you.  Thanks 

[Nick Sanders]

I am going through this right now and have my lawyers working on it. I am not sure where you are but here in Georgia any judgments are supersede by the bankruptcy and as @John T. stated the tenant has an automatic stay from eviction. You have to go through the bankruptcy court. Your lawyers may be able to get you a motion for relief with the Bankruptcy trustee through a filing with bankruptcy court at which point after a hearing you will be able to move forward with the eviction. As stated I am actually going through the same thing right now. Waiting on hearing at beginning of Jan.