Legal Question in Bankruptcy in Florida

Re: Eviction during Bankruptcy

Your landlord may proceed only after the bankruptcy court enters an order allowing him to do so. The l/l must file a motion to lift stay to allow it to proceeed with the eviction.

I urge you to seek competent counsel to protect your interests. The paralegal must be working for an atty. That atty is representing you. The paralegal cannot represent you.

Re: Eviction during Bankruptcy

The bankruptcy court can not enter an order throwing you out of the property unless a certain type of lawsuit called an "adversary proceeding" has been filed in the bankruptcy court. Most landlord's don't do this -- check the papers you received to see if they say "Adversary Proceeding." Ordinarily the bankruptcy court will only allow the landlord to proceed with an eviction suit in county court. Once such a suit is filed the tenant has 5 days to answer and assert any defenses, but will be evicted shortly afterwards unless there is a question as to how much rent is owed, which must be resolved by filing a "motion to determine rent" within that 5 day period. The 5 days do not include weekends and holidays.