As if evicting tenants isn’t challenging enough under normal circumstances, bankruptcy laws create a forcefield that’s almost impossible for landlords to penetrate. That’s because of the so-called “automatic stay” (Section 362 of the U.S. Bankruptcy Code) which bans landlords and other creditors from suing debtors after they’ve filed for bankruptcy until the debtor is discharged or the bankruptcy case ends. 

But there may be ways to get around the automatic stay. One possibility is to use the Section 362(b)(22) exception (which we’ll refer to as the “Exception”), which allows a residential landlord that has obtained a judgment for possession before bankruptcy to proceed with the action after the tenant files for bankruptcy. The Exception prevents tenants from abusing the automatic stay as a last-minute eviction shield to block landlords from executing pre-bankruptcy judgments. 

However, the door to post-bankruptcy eviction that the Exception opens may be narrower than a landlord expects. This is particularly true when a tenant files for bankruptcy under Chapter 13 (a.k.a., “wage earner’s plan” bankruptcy), which allows debtors to restructure and pay back their debts over time without giving up their property. 

Case in Point

A recent Pennsylvania case shows how all these rules interact and the pitfalls landlords must avoid when relying on the Exception to evict a tenant who files for Chapter 13 bankruptcy. 

What Happened: The case began when a public housing authority (PHA) sued to evict a federally assisted tenant for not paying rent. The court granted the PHA possession, but it also said the tenant could stay on the condition that she meet specific payment terms going forward. A few weeks later, the tenant filed for Chapter 13. 

What happened—and didn’t happen—next was crucial. The tenant submitted a Chapter 13 plan that assumed the lease and provided for repayment of the rent arrearages. The bankruptcy trustee then sent the plan to the PHA along with notice of the upcoming hearing to confirm it. The PHA acknowledged receipt and filed no objection to the plan. So, the plan was confirmed and the tenant began making her required rent repayments. But after accepting the repayments, the PHA had a change of heart and asked the court for an order confirming its right to evict the tenant for not paying pre-bankruptcy rent.

You Make the Call: What do you think the court did? 

Answer: The Pennsylvania bankruptcy court refused to grant the order, finding that the eviction suit was barred by the “automatic stay.” 

Why the Exception Didn’t Lift the Automatic Stay: You may find the outcome of this case surprising. As the court acknowledged, the PHA checked all of the Section 362(b)(22) exception boxes: 

• The PHA was the landlord of residential property;
• It won a judgment for possession before the tenant filed for bankruptcy; and
• It was seeking to execute that judgment after bankruptcy. 

But, according to the court, meeting the conditions of the Exception answers only one question, namely, whether the automatic stay applied “at the outset of the case.” Thus, the PHA would have had a valid case for lifting the automatic stay had it acted immediately after the tenant filed for Chapter 13. But the dynamics changed when the Chapter 13 plan was confirmed. Now it was too late, the court reasoned, adding that the PHA had the opportunity to object to confirmation but didn’t do so. 

Bottom Line: The automatic stay barred the PHA from suing the tenant [Allegheny Cnty. Hous. Auth. v. Marciniak (In re Marciniak), 2026 Bankr. LEXIS 81, 2026 LX 11914, __ B.R. __].

Takeaway & Impact on You

The moral of Allegheny is that the Section 362(b)(22) exception to the automatic stay has a limited shelf life when a tenant files for bankruptcy under Chapter 13. The window for landlords to rely on the Exception to enforce a pre-bankruptcy possession judgment order is at the start of the case before confirmation of the tenant’s Chapter 13 repayment plan. If that plan involves rent arrearages, the trustee will send it to you and give you a chance to state your objections. Be sure to take advantage of this opportunity. Don’t simply sit back and allow the plan to be confirmed assuming that you can keep your Exception rights in your back pocket for later, the way the PHA in Allegheny did.

Final Pointer: Keep in mind that a tenant’s failure to meet the rent repayment obligations set out in a Chapter 13 plan may be grounds for eviction. In that situation, the cause of eviction will be based on default of post- rather than pre-bankruptcy obligations.