Bankruptcy Not Bar to Eviction

January 1, 1998

LVT Number: 11996

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord based on tenant's default for not appearing. Tenant then got a discharge in bankruptcy for rents sought in the nonpayment case. Landlord claimed it could still evict tenant since the housing court had already given landlord a judgment of possession. The court ruled for landlord. Tenant's discharge in bankruptcy didn't affect the housing court's order awarding landlord possession.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord based on tenant's default for not appearing. Tenant then got a discharge in bankruptcy for rents sought in the nonpayment case. Landlord claimed it could still evict tenant since the housing court had already given landlord a judgment of possession. The court ruled for landlord. Tenant's discharge in bankruptcy didn't affect the housing court's order awarding landlord possession.

187 Concourse Assocs. v. Bunting: NYLJ, p. 23, col. 1 (12/24/97) (Civ. Ct. Bronx; Halprin, J)

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