Eviction After A Judgment For Possession Can Be Stopped – If:

If an eviction case has been filed against a tenant, the automatic stay that is put into place when a bankruptcy case is filed will prevent the landlord from proceeding with the eviction if the bankruptcy case is filed before the state court has entered a judgment for possession. But what if a judgment of possession has already been entered?

If the bankruptcy case is filed after a judgment for possession has been entered, the full automatic stay will stop the landlord from evicting you only for period of thirty (30) days and the only if the tenant certifies that he or she has:

(1) a right to cure the rent default under state law or applicable non-bankruptcy law (such as a federal law dealing with public or subsidized housing), and

(2) deposited with the bankruptcy court the rent that will come due during the first thirty days of the bankruptcy case (usually one month’s rent).

 

You can obtain a stay for longer than thirty days if you, the tenant, pay to the landlord all of the back rent owed, as stated in the judgment for possession.

Note that this stay exception permits only the continuation of the eviction proceedings: the landlord is prevented from taking any further action to collect money against the tenant for back rent or damages.

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