What does a tenant bankruptcy filing do to an eviction?

Triggers the automatic stay under 11 USC §362. Most landlord collection and eviction actions pause immediately. Exception: under §362(b)(22), if the landlord obtained a judgment of possession BEFORE the bankruptcy filing, the eviction can typically proceed.

Can I file a new UD after bankruptcy?

Not without relief from the stay. The landlord must file a motion in bankruptcy court to lift the stay, then proceed in state court. Relief is generally granted when the tenant is not paying ongoing post-petition rent.

What about post-petition rent?

Rent that accrues after the bankruptcy petition is generally treated as an administrative expense; the tenant is expected to pay it as it comes due. Non-payment of post-petition rent is strong ground for stay relief.

Can I keep the security deposit?

The deposit is generally property of the bankruptcy estate. You can deduct lawful items per §1950.5 but should not unilaterally apply the deposit to pre-petition rent without bankruptcy court approval.

How long does an automatic stay last?

Until the bankruptcy case closes, is dismissed, or until the court grants relief. Chapter 7 cases often close in 4–6 months. Chapter 13 cases can run 3–5 years. Lifting the stay is the typical path for landlords during the case.

11 USC §362 automatic stay

Tenant filed bankruptcy. The automatic stay stops almost everything.

Federal automatic stay halts evictions and collection mid-process. Narrow exception for pre-petition judgments. The typical path is a motion for relief from stay in bankruptcy court.

TL;DR

11 USC §362 automatic stay halts most landlord actions. §362(b)(22) exception: pre-petition judgment of possession allows continued eviction. Otherwise, motion for relief from stay in bankruptcy court. Post-petition rent is owed normally; non-payment supports stay relief.

What the stay stops

Filing a new UD
Continuing a UD without judgment of possession yet entered
Collection efforts on pre-petition rent
Self-help against tenant

What proceeds (carefully)

Eviction enforcement under §362(b)(22) — pre-petition judgment
Receipt of post-petition rent
Motion for relief from stay (the affirmative path)

Bankruptcy mistakes are very expensive

Violations of the automatic stay carry damages, attorney's fees, and possible sanctions. When you learn a tenant filed, pause action and consult bankruptcy counsel before any further notice or filing.

Common questions — tenant bankruptcy

Stay effect?

§362 halts most landlord actions.

New UD after bankruptcy?

Motion for relief from stay first.

Post-petition rent?

Owed normally. Non-payment supports stay relief.

Deposit?

Estate property. Deduct lawful items; consult bankruptcy counsel on applications.

Stay duration?

Until case closes or court grants relief.