Filing bankruptcy does pause an eviction case, but the pause does not last forever. In an individual Chapter 7 case, the automatic stay of proceedings against the debtor ends when the bankruptcy court grants or denies a discharge, and here the discharge was denied months before the eviction judgment, so nothing stopped the eviction. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
A company obtained title to a property in Lawrence through a foreclosure sale and filed a summary process case against the former occupant and her husband in March 2020. While that case was pending, the occupant filed for Chapter 7 bankruptcy. On June 4, 2021, the bankruptcy judge denied her a discharge, and a federal bankruptcy appeals panel affirmed two months later. On October 20, 2021, the Housing Court entered a default judgment for possession and money damages. The owner received an execution and carried out the eviction in December 2021. The occupant later asked the bankruptcy court to sanction the owner for violating the stay. That court found the stay had ended before the judgment and eviction, and the bankruptcy appeals panel affirmed. In December 2022 she asked the Housing Court to reverse the execution, and the judge denied the motion.
What the court decided
In Treetop Rentals LLC v. Brito, No. 24-P-256 (Mass. App. Ct. April 16, 2025) (Rule 23.0 decision), the Appeals Court affirmed.
The court explained that filing a bankruptcy petition triggers an automatic stay of court proceedings against the debtor, including summary process cases. 11 U.S.C. § 362(a). See also Zoning Bd. of Appeals of Wellesley v. Ardemore Apartments Ltd. Partnership, 436 Mass. 811 (2002), where a bankruptcy filing stayed a Superior Court case and a foreclosure sale.
But the stay is not indefinite. In an individual Chapter 7 case, the stay of those proceedings ends at the time a discharge is granted or denied. 11 U.S.C. § 362(c)(2)(C). Here, the order denying discharge entered on June 4, 2021. That order ended the stay. The judgment came in October 2021 and the eviction in December 2021, both after the stay was gone. So the Housing Court judge properly denied the motion to vacate.
The court also rejected a claim that the Housing Court clerk delayed sending the record to the Appeals Court for years. The record showed the clerk assembled the record and sent notice about fifteen days after the transcript was filed, which met the clerk’s duties under the appellate rules.
What this means for you
Many people believe that filing bankruptcy stops an eviction until the bankruptcy is over. That is only partly true. The stay starts when you file, but it can end in several ways, including when the court rules on your discharge. In this case, the stay of proceedings against the occupant ended on the date her discharge was denied.
This case also shows the cost of missing court. The eviction judgment was a default. A single justice of the Appeals Court earlier noted that the occupant missed the summary process trial without a valid excuse. Once a default judgment enters and the stay is gone, the owner can move ahead quickly.
If you live in a home after a foreclosure, you may still have defenses in Housing Court. Those defenses are usually raised in the eviction case itself, on time, not after the eviction is over. Bankruptcy can be a useful tool, but it works best as part of a plan, with a clear understanding of when the stay will end.
What to do now
- Go to every Housing Court date, even if you have filed bankruptcy. Tell the court about the bankruptcy in writing.
- Keep copies of every bankruptcy order, especially any order granting or denying a discharge, and note the date.
- Ask a bankruptcy lawyer exactly when your stay will end and what it does and does not cover.
- Raise your post-foreclosure defenses in the eviction case before trial.
- If a default enters, act right away to ask the court to remove it.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.
