Eviction Delayed Because of Tenant's Bankruptcy

Landlord sued to evict month-to-month tenant. Tenant signed a settlement agreement on May 20, 1998, agreeing to a final judgment of possession for landlord with issuance of the warrant right away and execution of the warrant delayed until Aug. 31, 1998. The day before tenant signed the settlement agreement, tenant had filed for bankruptcy in another court. Tenant asked the housing court to delay eviction based on the bankruptcy filing. The court ruled for tenant. The filing of a bankruptcy petition automatically delays any act to take possession of a debtor's property. Tenant had no property interest in the apartment once an eviction warrant was issued. However, the settlement agreement was made before the issuance of the eviction warrant and after tenant filed the bankruptcy petition. So eviction must be delayed until resolution of the bankruptcy case. In the meantime, landlord could ask the bankruptcy court to let it move ahead with the tenant's eviction.

Triolo v. Sasso: NYLJ, p. 26, col. 2 (8/12/98) (Civ. Ct. Kings; Birnbaum, J)