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    Eviction

    I filed Ch 7 yesterday, then told my landlord (i.e. large leasing management company) today. The leasing agent said that they had filed a dispossesory warrant on the 12th or the 13th. I had not gotten any notice of this in writing.

    Can they still evict me since they filed the dispossesory warrant before I filed for Ch 7?

    #2
    Are you late on your rent?
    They have the right to evict you either way if you don't pay, before or after filing. If you listed them on your bk, you won't have to pay back rent but you still will be evicted.
    Edyta...
    Discharged April 2005

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      #3
      They can't evict you if you continue to pay, is that right? If I don't put my landlord down anywhere in the BK filing papers, they won't even know about it, correct?

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        #4

        If you have pushed them to the point of taking eviction papers on you, then it may be too late to make things right with them. They can still evict you, even if you caught payments up. This is "their right" for non-payment!
        Try working things out with them - but doubt if they will now!
        Good luck to ya,

        Minny
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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          #5
          In my state, it doesn't take much. Once you are late more than 10 days, on the 10th of that very same month, they file the dispossessory warrant. That's what happened to me, because I only missed my rent this month, the month of July.
          So, I have missed this month. But on August 1, if I want to pay rent, what if the leasing office says that they can't take it? I'm not sure also about how the automatic stay will affect my case.

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