Discharge date and length of the stay?

[randian]

What relationship is there between the discharge date and length of the stay? That is, is the stay lifted on day 61 regardless of when discharge is granted, or is it extended until the discharge is filed (which may be a lot longer than 61 days for backlogged courts)?

[tobee43]

What relationship is there between the discharge date and length of the stay? That is, is the stay lifted on day 61 regardless of when discharge is granted, or is it extended until the discharge is filed (which may be a lot longer than 61 days for backlogged courts)?

the discharge prohibits the attempt from any of the creditors to contact you in relation to collect anything that was discharged. and, actually, any creditor attempting to do so will be in violation of the order of discharge and if charged who be required to pay damages and atty fees to the debtor...or you, in this case.

one usually coincides with the other, unless there was some type of motion previously filed that may lift the stay on a secured creditor...however, doubtful, you'd know that pretty much after they filed the motion.

[randian]

the discharge prohibits the attempt from any of the creditors to contact you in relation to collect anything that was discharged. and, actually, any creditor attempting to do so will be in violation of the order of discharge and if charged who be required to pay damages and atty fees to the debtor...or you, in this case.

I was mostly thinking of leases. Absent a motion for relief from stay, if (for example) the discharge isn't filed until 90 days after the 341 does that mean an extra 30 days before an eviction can be started/continued?

[tobee43]

i'm not familiar with eviction laws in texas, however, i think that may be a different question...but i would think it held true for any creditor even those whom you signed your lease with....however, hopefully someone else will chime in that may know better or have more info...

[Nicollette]

I was mostly thinking of leases. Absent a motion for relief from stay, if (for example) the discharge isn't filed until 90 days after the 341 does that mean an extra 30 days before an eviction can be started/continued?

I had an eviction from an apartment complex that I included in my Ch 13, but they did file a motion for relief of stay. I had a court date for that, but didn't have to attend because I was already moved before the hearing.

[DebtEnder]

The Auto stay stays in place until the discharge injunction replaces it. Whenever that might be. So your case could still be open, but discharge granted. In that case you would not have a Stay. This often happens in asset type cases. As such those with liens on property, or places you rent can now act to repo and evict you if you are behind on payments. But they cannot demand money from you.

[randian]

The Auto stay stays in place until the discharge injunction replaces it. Whenever that might be. So your case could still be open, but discharge granted.

So the answer to my question is "yes". Thanks.

[DebtEnder]

Well if you want the short answer. Yes

[tcreegan]

Don't forget the other half randian, the discharge injunction means they can't collect $$ from you ever (at least on pre-petition debt)

Tom in Colo

[randian]

Don't forget the other half randian, the discharge injunction means they can't collect $$ from you ever (at least on pre-petition debt)

Yes, that is the proverbial chocolate icing

[ValleYum]

The Auto stay stays in place until the discharge injunction replaces it. Whenever that might be. So your case could still be open, but discharge granted. In that case you would not have a Stay. This often happens in asset type cases. As such those with liens on property, or places you rent can now act to repo and evict you if you are behind on payments. But they cannot demand money from you.

What happens if you remain in the apartment/office space after the discharge, can a Landlord start charging rent again if the term of your lease has not expired?

[biotechsolution]

If you remain in the apt/office AFTER YOUR FILING DATE you are responsible for any rent. Your BK filing only applies to rent in a lease up to your filing date that is dischargeble. The stay really doesn't come into play for apartment leases because if you want to stay you have to pay.