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If I get 'execution for possession' from court during tenant's bankruptcy stay but wait till stay ends to evict is this okay?

Plainville, CT |

The 'execution for possession' would be dated within the bankruptcy stay period but I would not present it for the marshal's use until the stay period has ended which has already been determined by the bankruptcy court. My conflict is that some have informed me that this 'execution' is merely a ministerial act and not a stay violation. I would like clarity. Thank you.

Attorney Answers 1

  1. More facts are needed. Did you obtain the judgment before or after the bankruptcy was filed? If before, the issuing of the execution might be ministerial, but you still would need to obtain relief from stay in the bankruptcy court before you could exercise the eviction. What chapter of bankruptcy? In a 13 or 11 the tenant must pay rent.

    This response is intended to give a general overview of the law and should not be treated as legal advice. There are too many factual issues and exceptions in the law to provide definitive conclusions about your circumstances.

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