Landlord still harassing me even after automatic stay

[BigDevil]

What is the name of your state? PA
hi all i filed for chapter 7 informed my landlord and informed the court where he filed for an eviction. the eviction has been automatically stayed. the landlord knows this but keeps harassing me. today sept 3rd labor day they stuck a note on my door saying i have been evicted and am trespassing and if i am not out by midnight tonight they will have the police here and have me arrested for trespassing. can they do this? and if so what do i do now? what do i do if the police do come knocking on the door?
Thanks

[seniorjudge]

What did your lawyer say when you reported all this?

[BigDevil]

I cant get a hold of him I called and left a message on his voice mail

[debtcollector`]

Originally Posted by BigDevil

What is the name of your state? PA
hi all i filed for chapter 7 informed my landlord and informed the court where he filed for an eviction. the eviction has been automatically stayed. the landlord knows this but keeps harassing me. today sept 3rd labor day they stuck a note on my door saying i have been evicted and am trespassing and if i am not out by midnight tonight they will have the police here and have me arrested for trespassing. can they do this? and if so what do i do now? what do i do if the police do come knocking on the door?
Thanks

The automatic stay isn't permission to live for free. If you fail to pay your rent the landlord may have an extra hoop t jump through, but they can evict you. And you cannot incur new debt while you are in bankruptcy without permission from the trustee. Failing to pay your rent is incurring new debt .. something to think about.

Exactly how, I don't know. I haven't had the situation with any of my tenants.
DC

PS If the police come knocking on your door, I suggest you comply with their instructions and raise the issue with your attorney later.

[BigDevil]

The rent isnt due until the 7th of the month which i am planing to pay so i am not incurring new debt.

[Ladynred]

According to the new law:

BAPCPA also limited the applicability of the automatic stay in eviction proceedings. The stay does not stop an eviction proceeding if the landlord has already obtained a judgment of possession prior to the bankruptcy case being filed, §362(b)(22). The stay also would not apply in a situation where the eviction is based on “endangerment” of the rented property or “illegal use of controlled substances” on the property, §362(b)(23). In either situation the landlord must file with the court and serve on the debtor a certificate of non-applicability of the stay spelling out the facts giving rise to one of the exceptions. There is a process for the debtor to contest the assertions in the landlord’s certificate or if state law gives the debtor an additional right to cure the default even after an order for possession is entered, §362(l) & (m).

and

As to the § 362(b)(22) lease exception, the debtor would be able under § 362(l) to keep the stay in effect for an initial thirty days after the bankruptcy filing by certifying that applicable nonbankruptcy law allowed the lease to remain in effect upon the debtor’s cure of the default that was the basis of the eviction order.59 The debtor can keep the stay in effect after thirty days by filing a further certification that the cure amount had been paid within the initial thirty days.60 As to § 362(b)(23), new § 362(m) provides that if the debtor files a certificate denying the assertions in the landlord’s certificate, the court is required to conduct a hearing within ten days “to determine if the situation giving rise to the lessor’s certification . . . existed or has been remedied.”61

Do any of the exceptions apply ??