marquez Posted February 8, 2018 Report Share Posted February 8, 2018 I am helping my brother wade through the bk process (not doing it for him). He filed a skeleton petition for a chapter 7 on Jan 29. On Feb 5th, his landlord's lawyer filed an eviction with the local District court. It was dated Jan 31st, and the notice stated that they had given him a notice to vacate on Jan 9. The Jan 9 notice was just a note from the landlord, not filed with the court, so it wasn't a judgment. The motion wasn't filed with the bankruptcy court, so it doesn't look like the stay was lifted or anything. The notice he received states that he will have a hearing on 02/21. His meeting of creditors is 03/08. If I'm not mistaken, his landlord is in violation of the stay of collections, isn't he? My brother wants to make up arrears ( behind on Jan and now Feb rent) and keep his lease. He is starting a new job, so I'm reading up on how he can potentially keep his apartment. It seems he will have to convince the Trustee that he can afford the lease. In this situation, I'm not sure about arrears, however. Does the Trustee just make the call? And if so, does the landlord have to agree? My brother has not violated his lease in any other way except non-payment. Thanks for your help. Quote Link to comment Share on other sites More sharing options...
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