Chapter 7 /eviction
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Chapter 7 /eviction (by Randal [AL]) Dec 29, 2008 3:53 PM
       Chapter 7 /eviction (by Virden [OH]) Dec 29, 2008 4:08 PM
       Chapter 7 /eviction (by WL [CA]) Dec 29, 2008 4:32 PM
       Chapter 7 /eviction (by T.T. [MA]) Dec 30, 2008 5:20 AM
       Chapter 7 /eviction (by Randal [AL]) Dec 30, 2008 5:30 AM
       Chapter 7 /eviction (by James [MA]) Dec 30, 2008 9:20 AM
       Chapter 7 /eviction (by Randal [AL]) Dec 30, 2008 9:30 AM
       Chapter 7 /eviction (by Virden [OH]) Dec 30, 2008 1:25 PM
       Chapter 7 /eviction (by Randal [AL]) Dec 30, 2008 1:53 PM
       Chapter 7 /eviction (by Chris [CA]) Dec 30, 2008 3:41 PM

Chapter 7 /eviction (by Randal [AL]) Posted on: Dec 29, 2008 3:53 PM

State Specific Question About: ALABAMA (AL)

I have a tenant that I was awarded an eviction judgement on Dec 15 08. The tenant filed chapter 7 on the 25th. Will he get an automatic stay because of the chapter 7? He will be removed by the sheriff on the 30th if not.

Chapter 7 /eviction (by Virden [OH]) Posted on: Dec 29, 2008 4:08 PM

I doubt if the tenant can produce the paperwork in time to suspend the action of the sheriff, I would insist the sheriff act on his written information to evict, your case clearly ran the term in court, BK courts take months to sort out this and that debtor and award relief, make copies of the award for the sheriff to take with him if he goes out to radio the office for information, anything you can offer them to do their job quicker will help you.

Chapter 7 /eviction (by WL [CA]) Posted on: Dec 29, 2008 4:32 PM

Contact a Bankruptcy lawyer or your local apartment association - my guess is you will end up with a BK lawyer to sort this out.

Chapter 7 /eviction (by T.T. [MA]) Posted on: Dec 30, 2008 5:20 AM

How did you find out he filed for BK? If he informed you himself (or you rec'd a phone call from his "lawyer"), continue as planned. Unless you've been notified in writing by the BK court that you're listed as a creditor on his petition, it's just talk.

However, if you have been served notice from the BK court, contact a BK attorney this morning to have a waiver granted. Most should be able to accomplish this in time for you to still be able to enforce your eviction judgment as planned.

Chapter 7 /eviction (by Randal [AL]) Posted on: Dec 30, 2008 5:30 AM

Thanks, TT thats what happened. I'll just wait and see what happens today and go from there.

Chapter 7 /eviction (by James [MA]) Posted on: Dec 30, 2008 9:20 AM

If you have official notice from the court, you must stop. It is illegal for you to proceed without relief from the automatic stay and you could actually end up owning the tenant money.

Phone calls and verbal notice is just talk like TT says. Only formal notice from the court is sufficient to stop you. The new BK law requires pre-BK planning before the court will accept the petition. I suspect everything is just a bluff at this point.

Chapter 7 /eviction (by Randal [AL]) Posted on: Dec 30, 2008 9:30 AM

Thanks James, I've had rental property for 10 years and this is the first time I've delt with this situation. The sheriff is setting him out as we speak.The tenants lawyer has filed for a stay and its laying on the Judges desk.He happens to be on vacation this week.I don't know at this point if he will grant the stay when he returns.The tenant may be permitted to move back in, I don't know at this point.You would think a landlord would have the right to his own property in a case such as this.

Chapter 7 /eviction (by Virden [OH]) Posted on: Dec 30, 2008 1:25 PM

Well change the locks even if you get a set of keys, your court time has ran the course, now time for the tenant Uh ex-tenant of yours anyway, maybe the judge can get a stay granted to the next landlord.

Chapter 7 /eviction (by Randal [AL]) Posted on: Dec 30, 2008 1:53 PM

The tenant is out, locks changed.He actually had a new phone service installed this morning before the sheriff arrived.I think he planned on staying awhile.My maintenance man said the tenant had his BK attorney call the local police dept. trying to stop the eviction.When they arrived and found that the sheriffs department was doing the evicting his final hope had been exausted. I lost a months rent but got my apartment back.

Chapter 7 /eviction (by Chris [CA]) Posted on: Dec 30, 2008 3:41 PM

Google this - I found an article saying that previous judgments are not part of the Ch. 7 proceedings. no pay, no stay!

Just wait!

You didn't start anything after the 25th, right?

How did it go ???

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