Can My Landlord Evict Me After Filing Chapter 7 Bankruptcy in Ohio?

Question from Thierry, Can My Landlord Evict Me After Filing Chapter 7 Bankruptcy in Ohio?

Answer from AI:

When you file for Chapter 7 bankruptcy in Ohio, an automatic stay immediately goes into effect. This stay is a legal injunction that halts most creditors, including landlords, from continuing with collection activities. This means that, in general, evictions are paused. However, there are exceptions and nuances to this rule that are important to understand.

Understanding the Automatic Stay

The automatic stay is one of the fundamental protections offered by the bankruptcy process. It provides a temporary shield against:

• Foreclosure actions
• Utility shutoffs
• Collection of overpayments of public benefits
• Multiple wage garnishments
• Eviction proceedings

However, the automatic stay is not absolute, especially when it comes to eviction proceedings.

Exceptions to the Automatic Stay for Evictions

There are specific circumstances under which a landlord can proceed with an eviction despite an automatic stay, including:

1. If the landlord already obtained a writ of possession before the bankruptcy filing, the automatic stay might not stop the eviction. This is because the landlord’s right to the property has been established by the court.
2. Evictions based on endangerment of the property or illegal use of controlled substances on the premises can proceed after the landlord files a certification with the court (and serves a copy to the tenant) stating these grounds. The tenant has 15 days to object, and a hearing will be held.

Specifics of Your Situation

Given that your landlord has been awarded a writ of possession and has scheduled a move-out date, it appears they are proceeding under the assumption that one of the exceptions to the automatic stay applies. The certification 101A you mentioned is likely an attempt to assert your right under the bankruptcy stay. However, the effectiveness of this action depends on the specific circumstances of your case and the timing of the eviction process relative to your bankruptcy filing.

Steps You Can Take

1. **Review the Bankruptcy Filing**: Ensure that your bankruptcy filing was complete and properly executed before the eviction process reached a critical stage. This might affect the applicability of the automatic stay.

2. **Legal Consultation**: It’s crucial to consult with a bankruptcy attorney to understand the specifics of your situation. An attorney can provide advice on whether the automatic stay should apply to your eviction and what steps can be taken to enforce it.

3. **Respond to the Landlord’s Actions**: If you believe the automatic stay applies to your eviction, communicate this to your landlord in writing. Provide copies of the bankruptcy filing and any relevant court orders. If the landlord proceeds despite this, you may need to seek a court order to enforce the stay.

4. **Attend Court Hearings**: If your landlord files a motion to lift the stay or proceeds with eviction under an exception, you will have the opportunity to present your case in court. Be prepared to show why the stay should apply or why the exception does not apply to your situation.

Conclusion

While the automatic stay in bankruptcy offers broad protections, eviction proceedings can be a complex area with exceptions. It’s important to act quickly and seek legal advice to understand your rights and obligations under the law. Remember, this information is a general guideline, and legal advice tailored to your specific situation is invaluable.

For more information on the automatic stay and bankruptcy proceedings, you can visit the U.S. Courts Bankruptcy page.

Note: This information is not legal advice. It’s recommended to consult with a legal professional for advice tailored to your specific circumstances.