Legal Question in Bankruptcy in Connecticut

Eviction & Bankruptcy

Can a tenant who has been in an eviction process for 6 months, who was due to appear in court today with a judgement against him, file bankruptcy within a day and throw the whole court case out? Meaning now a bankruptcy lawyer now has to be obatined. this is his second eviction court case. He already had a promissary note with us as the landlord and with the court which he did not hold up. Please help. This man owes thousand and thousands and we just want him out. Is there any place to call his bluff. He obvoiusly filed for eviction purposes.


Asked on 2/24/04, 7:28 pm

1 Answer from Attorneys
Joel M. Grafstein Grafstein & Arcaro, LLC

Re: Eviction & Bankruptcy

The filing of a bankruptcy case will stop any litigation, even in your eviction case. The bankruptcy stay becomes effective at the time of the filing of his bankruptcy case. You will need to go into Bankruptcy Court to file a Motion for Relief from Stay to permit you to continue with the eviction case. A hearing date can be obtained quickly and you should be entitled to obtain relief from the bankruptcy stay. Then you have to go back into State court. The fact that you are owed thousands of dollars, is unfortunate. That money will be discharged in his bankruptcy case as a general unsecured debt absent any unusual circumstances such as fraud.

Good luck.

Read more
Answered on 2/25/04, 9:56 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Connecticut