Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Yes, you can file a Motion for Relief from stay without an attorney on your tenants. You should contact the bankruptcy court clerk to see if they have a form promulgated by the Court that must be followed. If they do not, you can simply put together a document entitled "Motion for Relief from Stay" and set forth your reasons for wanting relief from stay (non-payment, violation of lease terms, etc.)
The contact information for the Bankruptcy Court for the Middle District of GA is as follows:
United States Bankruptcy Court
Middle District of Georgia
433 Cherry Street
Macon, Georgia 31201
You should contact them to ask whether the Court has a particular form or if you can simply draft your own document and present it to the Court. Now the clerk's office will not provide any legal advice, so you will have to be careful in the way you phrase your questions. Ask if they have forms available online for review, or ask if their are any local rules online, or if your judge requires you to self calendar the hearing on the Motion for Relief. Something along those lines should be sufficient.
But again, you can file the Motion for Relief on your own, just try to make sure that you are following the court's form, if any, so that your Motion is not denied on a technicality. You can also try visiting your local law library. The law librarians have a wealth of information about where to find form motions and pleadings.
I hope you found this information helpful.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).