Legal Question in Bankruptcy in Virginia

My landlord has filed a relief from stay. I filled a chapter 7 my 341 meeting was on 6/21. The LL previously filed an unlawful detainer suit but it was dismissed because I filed the bankruptcy prior to the date the suit was filed. The LL has now filed a motion for relief from stay. The court date is 8/3. I am still behind in my rent payments because I am unemployed. I am currently looking for a place to stay and hope to be out of the property by 8/15. If the motion for relief is granted, can the LL evict me right away? What is the procedure? I live in Virginia.


Asked on 7/25/10, 8:18 pm

1 Answer from Attorneys
David Saiki Law Office of David M. Saiki

If the landlords motion is granted, they landlord will still need to return to stare court to obtain an order to evict you. You should have until 8/2010 to stay in, provided the landlord does not get an eviction judgement before then.

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Answered on 7/26/10, 3:11 am


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