Treat the filing as a change that needs prompt review
A bankruptcy filing generally triggers an automatic stay affecting many collection and possession activities. Before taking the next enforcement step, obtain the bankruptcy court, case number, debtor’s exact name, filing date, and the actual notice or petition available to you. Send those details to the firm with the state-court case number. A tenant’s threat to file and an actual filed case are different facts, but neither should be answered with assumptions.
Place the two case histories side by side
Prepare a chronology showing lease execution, default, notices, complaint filing, service, judgment, writ issuance, and any scheduled sheriff action. Add the bankruptcy filing date and any bankruptcy orders. Keep the original documents behind the chronology. If a judgment for possession preceded the petition, identify its entry date precisely. Do not substitute the date you received a copy for the date the court entered it.
Exceptions require the actual record
Under 11 U.S.C. § 362, the stay has exceptions. The residential prepetition possession-judgment provision in subsection (b)(22) is subject to subsection (l), including certification and cure-related procedures. A judgment does not justify a blanket assumption that enforcement may continue. Counsel needs the tenancy type, judgment, petition, relevant certifications, and applicable orders to assess the stay and any request for relief.
Keep post-filing accounting separate
Preserve the ledger as it stood at filing and maintain a separate record of later charges and payments. Identify who tendered a payment, when it arrived, and how it was handled. Do not quietly revise historical records to make the account appear simpler. Questions about payment demands, acceptance, application, and further communication should be reviewed in light of the bankruptcy case.
Coordinate everyone who is acting for the property
Tell the firm about a property manager, process server, sheriff appointment, collection agency, or other person already involved. Supply contact details through the agreed case channel. The immediate practical objective is to prevent different participants from acting on different versions of the facts while the effect of the filing is assessed. Preserve communications about any proposed enforcement step.
Define the relief actually needed
Regaining possession, collecting prepetition rent, handling ongoing occupancy, and addressing a commercial lease can present distinct bankruptcy questions. Identify the business goal and ask whether bankruptcy counsel or a motion for relief from stay is needed. Keep every resulting order in the same case file. Do not treat dismissal, discharge, or a conversation about bankruptcy as interchangeable events.
Primary sources
11 U.S.C. § 362 ↗U.S. Courts: automatic stay overview ↗Sources checked November 4, 2026. This guide is general preparation information.