Warrant Delayed Because of Tenant's Bankruptcy

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant then asked the court to reopen the case. The court did so, and tenant signed a settlement agreement that required him to pay the back rent owed according to a payment schedule. An eviction warrant was issued, but execution of the warrant was delayed. Tenant didn't comply with the payment schedule, and landlord sought execution of the eviction warrant. Tenant in the meantime filed for bankruptcy and claimed that landlord couldn't execute the eviction warrant. Landlord claimed that since the eviction warrant had been issued before tenant filed for bankruptcy, there was no legal reason for delaying the eviction. The court ruled for tenant. Under federal bankruptcy law, all actions or cases against the debtor are delayed by the filing of the bankruptcy petition. Since there had been no eviction, landlord's eviction case was still pending when tenant filed for bankruptcy. The eviction must therefore be delayed to comply with federal law.

Massachusetts Mutual-Life Insurance v. Shefferes: NYLJ, p. 28, col. 6 (11/25/98) (Civ. Ct. NY; Malatzky, J)