I filed a writ of execution to recover money owed to me by my landlord, but a few days later, she filed for Chapter 7 bankruptcy. Her attorney is now claiming I’m in violation and harassing her by sending the writ. The lawyer has demanded I revoke it immediately. The issue is, I live out of state, and the mail takes about six days to get to her state. By the time I received notice of the bankruptcy, the writ had already been filed.
If I revoke the writ of execution, does that mean I’m giving up my claim to the money I’m owed? Will I still be included as a creditor in her bankruptcy case? I live in Minnesota, and she filed in California, so I’m not sure how to handle this. What should my next steps be?
Filing the writ before you knew about the bankruptcy isn’t your fault. Once you’re aware of the bankruptcy, you can’t enforce the writ, but revoking it shouldn’t mean you’re giving up your claim. You might need to file a creditor’s claim in her bankruptcy case to protect your rights.
@Shiloh
Exactly. Revoking the writ doesn’t mean you’re waiving your claim, but you should file as a creditor in her bankruptcy case ASAP to make sure you’re included.
It’s important to understand that bankruptcy creates an automatic stay, which stops all collection actions. If you revoke the writ, it just shows you’re complying with the stay—it doesn’t mean you’re forfeiting your claim.
You should contact a bankruptcy attorney in California to guide you. They’ll help you file a creditor’s claim and ensure you don’t accidentally give up your rights.
Phoenix said:
You should contact a bankruptcy attorney in California to guide you. They’ll help you file a creditor’s claim and ensure you don’t accidentally give up your rights.
Agreed. This is a situation where a local attorney can make sure you’re following the right process and protecting your claim.
It’s worth noting that filing the writ before the bankruptcy isn’t harassment if you didn’t know about the bankruptcy. Just make sure you stop any enforcement actions now that you’re aware of it.
Phoenix said:
It’s worth noting that filing the writ before the bankruptcy isn’t harassment if you didn’t know about the bankruptcy. Just make sure you stop any enforcement actions now that you’re aware of it.
Right. As long as you’re not trying to enforce it now, you’re not violating the bankruptcy stay. But definitely check with an attorney.
Revoking the writ doesn’t remove you from being listed as a creditor. Just make sure you file the necessary paperwork with the bankruptcy court to protect your claim.
Ren said:
Revoking the writ doesn’t remove you from being listed as a creditor. Just make sure you file the necessary paperwork with the bankruptcy court to protect your claim.
Yes, the key is filing a creditor’s claim in her bankruptcy case. That ensures you’re included in the list of debts.