 CH 7 Automatic Stay post- (by Eddy Mac [IL]) Dec 14, 2018 8:09 AM
 CH 7 Automatic Stay post- (by kevin [FL]) Dec 14, 2018 8:55 AM
CH 7 Automatic Stay post- (by Don I [MO]) Dec 14, 2018 9:26 AM
CH 7 Automatic Stay post- (by Eddy Mac [IL]) Dec 14, 2018 9:41 AM
CH 7 Automatic Stay post- (by Don I [MO]) Dec 14, 2018 9:45 AM
CH 7 Automatic Stay post- (by Pat [VA]) Dec 14, 2018 12:14 PM
CH 7 Automatic Stay post- (by Eddy Mac [IL]) Dec 14, 2018 12:17 PM
CH 7 Automatic Stay post- (by myob [GA]) Dec 14, 2018 1:37 PM
CH 7 Automatic Stay post- (by BRAD 20,000 [IN]) Dec 14, 2018 1:48 PM
CH 7 Automatic Stay post- (by Eddy Mac [IL]) Posted on: Dec 14, 2018 8:09 AM
Message:
I have been in hiding working on building my assisted living home but still playing the game. I just learned something that I can't get over and wanted to share.
Long story short, I put this wack job in a house of that I'm managing. She passed all tests and I definitely didn't see her turning into this. Reflecting back, I still dont know how I could have detected this. She paid 3 months then stop paying. I was going to start the eviction then I got that good old BK paper in the mail. I contacted a prestigious BK attorney that my buddy used. To go into court and get the automatic stay protection lifted, so I could proceed with the eviction case. I then get an email from my attorney saying,"Any rent, court costs, and damages to the property, all must be post-petition. Our fees may be included if the lease states so." I had to call him and ask a bunch of follow up questions because this seems too good to be true. What I told my attorney I'm confused about is that, they listed me a creditor, now because I got the automatic stay lifted I could ask for money after that date? He said YES. Since BK is federal, this should apply to everyone here.
I just thought of this now of asking my attorney for some type of law reference I can go to and print out in case I am in court and the judge is telling me that I cant get a judgement. When I get that I will share.
--207.63.xxx.x |
CH 7 Automatic Stay post- (by kevin [FL]) Posted on: Dec 14, 2018 8:55 AM
Message:
Thanks eddy
That will be interesting to find out the results. --47.202.xxx.xx |
CH 7 Automatic Stay post- (by Don I [MO]) Posted on: Dec 14, 2018 9:26 AM
Message:
The Ch7 wipes out ALL DEBTS owned as of the date of filing. How far behind wss she on DATE SHE FILED? Debts incurred (including rents and property damage) after that date, are still collectible.
A Ch7 takes a min of 90 days to get discharged. But that doesn't mean she gets to avoid paying rent during those 90 days. --174.234.xxx.xxx |
CH 7 Automatic Stay post- (by Eddy Mac [IL]) Posted on: Dec 14, 2018 9:41 AM
Message:
Don I you are confirming what I said was true. I guess the way you made it sound makes sense it doesn't protect any future debt.
You dont have to wait until it discharges. My lawyer was in court a week after her hearing to get the automatic stay lifted. We didnt have to wait 90 days. --207.63.xxx.x |
CH 7 Automatic Stay post- (by Don I [MO]) Posted on: Dec 14, 2018 9:45 AM
Message:
Good news. --174.234.xxx.xxx |
CH 7 Automatic Stay post- (by Pat [VA]) Posted on: Dec 14, 2018 12:14 PM
Message:
I don't do credit checks, but this sounds like the best reason I've heard of to do them. Wouldn't it show if tenant was behind on or had massive debt?
That being said, I would like to say that we've had two tenants declare BK while renting from us but they paid us regularly. Therefore it wasn't an issue for us. --71.219.xx.xxx |
CH 7 Automatic Stay post- (by Eddy Mac [IL]) Posted on: Dec 14, 2018 12:17 PM
Message:
I do them half the time. Its actually pretty easy to qualify. I would best almost all low income tenants can qualify anytime. --207.63.xxx.x |
CH 7 Automatic Stay post- (by myob [GA]) Posted on: Dec 14, 2018 1:37 PM
Message:
This is all true. BE VERY careful when you file some of this because if you violate anything during the "stay" your in big dodo! and violating is not good.
As stated this is not your local court but the big boys who know what way is UP.
Eddy your hiring of the best is the only way to go. Joe Blow atty doesn't have a clue on how to deal with BK court. BTW these guys are not cheap either. They are however cheaper then some just staying in your house free. --99.103.xxx.xxx |
CH 7 Automatic Stay post- (by BRAD 20,000 [IN]) Posted on: Dec 14, 2018 1:48 PM
Message:
Eddy,
Good to know!
Another great reason for ZT- stays on top of it and keeps the amount low.
Keep is posted!
BRAD --73.102.xxx.xxx |
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