Home     Law Advice     Insurance Advice     Community    
        View All Law Topics        Free Case Review        Legal Resource Directory        FreeAdvice Answers       
Home > Law Advice > Consumer Bankruptcy > Bankruptcy Automatic Stay
Consumer Bankruptcy
  All States      
Does the automatic stay still apply to a residential lease under the new bankruptcy law?

Under BAPCPA, if a residential landlord already has a judgment for possession by the time the tenant files for bankruptcy, the stay does not prevent the landlord from continuing to evict the tenant 30 days after the petition was filed unless the debtor has a right to cure, and actually has cured, any deficiency in rent and has deposited with the clerk of the Bankruptcy Court the rent coming due during that 30 days.

The stay no longer prevents a landlord from evicting a tenant based on endangerment of the property or illegal use of controlled substances, but the landlord must file a certification with the court, and the debtor has 15 days in which to rebut the allegations or to remedy the situation.

(Reviewed 11.14.08)
Free Case Evaluation From An Experienced Bankruptcy Attorney.





Related Information
» Automatic Stay
» Chapter 13
» Credit
» Definitions
» Discharge
» Exempt and Non-Exempt Property
» Houses, Apartments, and Cars
» Procedure
» Transfers and Payments

Topics Related To Consumer Bankruptcy
» Bankruptcy Law
» Business Bankruptcy
» Collections
» Consumer Bankruptcy
» Credit Problems
» Creditor Rights
Get A Free Case Evaluation
From An Experienced Bankruptcy Attorney.
It’s Fast and Free!


Free
Bankruptcy Case Evaluation
Reviewed by an Experienced Attorney
State where incident occurred


City where incident occurred
Please select state first.

Enter your Zip Code





» Ask a question in our legal forum

» Search our legal resource directory

» Find an attorney in your area

» Let us find a lawyer for you




HACKER SAFE certified sites prevent over 99.9% of hacker crime. State Law Center  |  Legal Resource Directory  |  Legal Articles  |  Insurance Advice and Quotes  |  FreeAdvice Answers  |  Community Forums
Media  |  Privacy Policy  |  About Us  |  Contact Us

FreeAdvice® has been providing millions of consumers with outstanding legal and insurance information and general advice, free, since 1995. While not a substitute for personal advice from a licensed professional, FreeAdvice is available AS IS, subject to our disclaimer and conditions of use.
FreeAdvice®, AttorneyPages®, ExpertPages® are registered trademarks and units of Advice Company.
All Rights Reserved © 1995-2009