Chapter 13
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Chapter 13 (by BP [AL]) Sep 16, 2016 7:20 AM
       Chapter 13 (by Stephen [ON]) Sep 16, 2016 2:48 PM
       Chapter 13 (by Ray-N-Pa [PA]) Sep 18, 2016 2:10 PM

Chapter 13 (by BP [AL]) Posted on: Sep 16, 2016 7:20 AM

State Specific Question About: ALABAMA (AL)

Hello All,

I received a judgement in April on a tenant for back rent and possession of the property tenant and I had an agreement to pay a certain amount until they caught up. The tenant file chapter 13 in May and stop paying rent last month now tenant is two month behind Aug.and Sept.I have to file a motion with the bankruptcy court to lift automatic stay in order to evict tenant.My Question is have anyone ever had to do this if so what forms is needed and where can I find information on how to do this also I was inform that I would have to file a proof of claim form also to send to the bankruptcy court.Thank you,

Any Help will be appreciated.

Chapter 13 (by Stephen [ON]) Posted on: Sep 16, 2016 2:48 PM

If you don't know how to do this now is the wrong time to learn. In the time you take to get up to speed on this (if you can) the tenant will owe more months of rent. You need a lawyer to handle this ASAP and get them out.

Chapter 13 (by Ray-N-Pa [PA]) Posted on: Sep 18, 2016 2:10 PM

The chapter 13 isn't a state issue, its a federal issue.

You will have to file with the Federal Bankruptcy court for relief on this matter. This isn't something you should be doing. An attorney can help you out at this point. You can keep track of how the chapter is panning out using the PACER program online.

Some of the best folks to act on your behalf at this point, is another bankruptcy attorney........they know the ropes and how the folks are going to try to wiggle out.

You will probably loose your judgement, but hopefully you can quickly gain possession

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Chapter 13
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