Eviction Case Not Dismissed Despite Bankruptcy Filing

April 30, 2006

LVT Number: 18830

In June 2004, landlord sued to evict rent-controlled tenant for performing unauthorized alterations to her apartment. Tenant had filed a Chapter 7 bankruptcy petition in February 2004 and was discharged in bankruptcy in June 2004. Tenant asked the court to dismiss the eviction case, claiming that it was voided by the delay provisions of the Bankruptcy Code. The court ruled for tenant. Landlord appealed and won. Even if tenant had filed the bankruptcy claim before landlord started the eviction case, this didn't deprive the court of jurisdiction over the case.

In June 2004, landlord sued to evict rent-controlled tenant for performing unauthorized alterations to her apartment. Tenant had filed a Chapter 7 bankruptcy petition in February 2004 and was discharged in bankruptcy in June 2004. Tenant asked the court to dismiss the eviction case, claiming that it was voided by the delay provisions of the Bankruptcy Code. The court ruled for tenant. Landlord appealed and won. Even if tenant had filed the bankruptcy claim before landlord started the eviction case, this didn't deprive the court of jurisdiction over the case. It just meant the case had to be delayed.

Hymil Assocs. v. Scott: NYLJ, 4/28/06, p. 28, col. 6 (App. T. 1 Dept.; McCooe, JP, Schoenfeld, J)

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