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When is Landlord released from automatic stay?

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    When is Landlord released from automatic stay?

    There seems to be contradictory information on here so here is my "simple" question. My landlord started an eviction action. Before the first hearing, I filed Chapter 7. Assuming the landlord does not file a motion for relief from the automatic stay is the landlord able to continue the eviction action:

    a) when i reject the lease 60 days after filing.
    b) when the bankruptcy is actually discharged.

    Specifically the landlord made a motion in court for possession after I rejected the lease but before discharge. Is this a stay violation?

    #2
    Originally posted by rnorm3 View Post
    There seems to be contradictory information on here so here is my "simple" question. My landlord started an eviction action. Before the first hearing, I filed Chapter 7. Assuming the landlord does not file a motion for relief from the automatic stay is the landlord able to continue the eviction action:

    a) when i reject the lease 60 days after filing.
    b) when the bankruptcy is actually discharged.

    Specifically the landlord made a motion in court for possession after I rejected the lease but before discharge. Is this a stay violation?
    You are covered from your filing date until your 341 at the minimum. Your landlord should request for relief at the 341 and then he can take the appropriate course of action to regain possession of his property.
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

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