Legal Question in Bankruptcy in Florida

Eviction during Bankruptcy

Due to severe financial problems, my spouse and I recently filed Chapter 7 and we have already had our creditors meeting. We are in arrears in rent by almost two months. We just got a notice that our landlord filed for a motion of stay to be able to file eviction, even though we are waiting for our case to be finaled. Our bankruptcy was handled by a paralegal so we have no legal representation. Of course our landlord wants us out. Our hearing in this matter is coming up late December. I want to move but financially it is difficult. I realize the landlord has a right to their property. My question is what can I expect at this hearing and can I be literally thrown out in a matter of days with all my belongings and two kids?


Asked on 12/17/00, 12:29 pm

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

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.

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Answered on 12/26/00, 3:41 pm
Wendell Finner Wendell Finner, P.A.

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.

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Answered on 12/22/00, 6:44 am


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