Bankruptcy and Evictions

If a bankruptcy petition has been filed by a tenant, a landlord may not initiate an eviction action because of an automatic stay associated with the bankruptcy filing.

Any pending eviction actions are automatically stayed as well if a bankruptcy has been filed.

The landlord may not even deliver a notice of termination or a notice to vacate if the tenant has filed for bankruptcy.

As far as justice of the peace court is concerned, the landlord should be directed to seek any relief from the court that is handling the bankruptcy proceedings filed by the tenant.