Legal Question in Bankruptcy in Pennsylvania

Eviction Time Frame

I just returned from my bankruptcy 341 meeting. I listed my landlord as a creditor (back rent) but he didn't appear. To my knowledge no relief from stay has been filed. Can he still start an eviction process? How much time do I have before this will take place? Thanks, in advance for your help.


Asked on 12/01/05, 4:04 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Eviction Time Frame

A lease is an executory contract and as such you have the choice of either affirming it and paying past due and current rent or having the lease voided in the bankruptcy. If you do not reaffirm on discharge you will not owe the pre bankruptcy filing rent but the landlord could file to evict you.

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Answered on 12/01/05, 5:53 pm


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