Legal Question in Real Estate Law in Virginia

Re: Evictions

The answer basically depends upon how far along the pre-bankruptcy went. If possession was ordered, the landlord can move the Bankruptcy Court for leave from the Stay and obtain possession. If possession was not ordered prior to the Bankruptcy however, the tenant can enforce the lease if he can moniterily correct the default and provide some legitimate plan of going forward under the terms of the lease.

Re: Evictions

It depends. If the lease has been validly terminated with no right to cure, there is no right to cure and assume the lease in bankruptcy. Otherwise, if you can bring the arrearages current, you may be able to use Ch. 13 to solve your problem.