Tenant's Third Bankruptcy Filing Doesn't Delay Eviction

March 1, 2009

LVT Number: #21062

Landlord sued to evict tenant. The court ruled for landlord and issued a judgment of possession and eviction warrant in landlord’s favor. Tenant then filed for bankruptcy in federal court. He claimed that this automatically halted the eviction from proceeding. The court ruled against tenant. Tenant filed for bankruptcy in March 2008, and again in April 2008. Both of these petitions were dismissed. Tenant filed a third bankruptcy petition in January 2009. There was no automatic stay to prevent eviction in this case.

Landlord sued to evict tenant. The court ruled for landlord and issued a judgment of possession and eviction warrant in landlord’s favor. Tenant then filed for bankruptcy in federal court. He claimed that this automatically halted the eviction from proceeding. The court ruled against tenant. Tenant filed for bankruptcy in March 2008, and again in April 2008. Both of these petitions were dismissed. Tenant filed a third bankruptcy petition in January 2009. There was no automatic stay to prevent eviction in this case. Federal law states that if two or more bankruptcy cases were pending in the year before the filing of another petition, the automatic stay of all proceedings provided under the bankruptcy law doesn’t apply. Landlord could evict tenant, and the marshal didn’t have to deliver another notice of eviction.

Santodonato v. Voelker: NYLJ, 2/25/09, p. 31, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)

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