State Specific Question About: VIRGINIA (VA)

Tenant has filed for Chapter 13 bankruptcy. Back in November, 2011, I filed an eviction on her, but on day of court she paid completely what was owed and we filed a Praecipe w/o prejudice and the case was dismissed.

Since then she got behind again, but we agreed to a payment plan. She as been right on with the payment plan. Her next payment is suppose to bring her current; however, I just got notice in the mail from the Bankruptcy Court that I'm a creditor.

I'm afraid she won't make this payment and want to know what my next step should be. Can I proceed with the eviction?

I found researching on the internet that "The key statute is 11 USC § 362(b)(22): “…continuation of any eviction, unlawful detainer action, or similar proceeding by a lessoragainst a debtor involving residential property in which the debtor resides as a tenant under a lease or rental agreement and with respect to which the lessor has obtained before the date of the filing of the bankruptcy petition, a judgment for possession of such property against the debtor…” If this statute applies to your situation, an automatic stay does not apply.""

Because I had filed a previous eviction on her, does this apply to me?

He named you and the debt, and is requesting it be written off if approved.

Thank you for your donations to the entitlement program for the deserving ones.

Since I have had two different tenants in Virginia that filed & named us, I will share what happened to us. We sat tight & they kept paying us. In fact, both ladies are still with us.

My experience has been

-we're listed as a creditor because the atty wants EVERYONE on the paperwork

-rents still come in because the judge allows people a place to stay and they want a place to stay