How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask FiveStarLaw Your Own Question

FiveStarLaw
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36505
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
FiveStarLaw is online now
A new question is answered every 9 seconds

If I refile a bankruptcy where the landlord has a judgment

Customer Question

If I refile a bankruptcy where the landlord has a judgment to evict, and also had a motion granted in previous filing, may I file and have any type of protection?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 3 years ago.
Hello,

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open forum. Do you understand and accept these provisions as well as Justanswer.com's disclaimer?

Please respond with a Yes or No to continue.
Customer: replied 3 years ago.
yes
Expert:  FiveStarLaw replied 3 years ago.
Hello,


Thank you for your question.

The automatic stay of the bankruptcy court applies to eviction proceedings only if there is no judgment of possession prior to the bankruptcy filing. Unfortunately if there is a judgment of possession, the landlord may continue with the eviction upon filing a certificate with the court setting out the facts that indicate that the automatic stay does not apply. Since the judgment to evict was entered prior to your filing of the bankruptcy, it does not appear that you are protected by the automatic stay of the bankruptcy court
Customer: replied 3 years ago.
Does the landlord have to file the certificate prior to eviction? Does it have to be seen by the court? Does a judge have to rule on it? Do we have any time whatsoever?
Expert:  FiveStarLaw replied 3 years ago.
Does the landlord have to file the certificate prior to eviction?
yes

Does it have to be seen by the court?
Yes

Does a judge have to rule on it?
Yes

Do we have any time whatsoever?
filing a bankruptcy may provide a short-term delay of an eviction
Customer: replied 3 years ago.
What are the chances of the landlord getting in to see the Judge within 24 hours? Why "may" the filing provide short term relief. In other words, will the filing stop the eviction if it is filed, say, 24 hours prior to the lockout date?
Expert:  FiveStarLaw replied 3 years ago.
What are the chances of the landlord getting in to see the Judge within 24 hours?
I do not know your judge nor your landlord so I cannot give you an opinion

Why "may" the filing provide short term relief. In other words, will the filing stop the eviction if it is filed, say, 24 hours prior to the lockout date?
because the automatic stay does not apply since the final judgment has been issued


J.A. policy requires that you start a new thread for a new question. Please accept the answer and then you may start your new question in a new thread
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36505
Experience: Bankruptcy Lawyer. Experienced.
FiveStarLaw and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
Did I mention that the landlord was the entity that foreclosed? Would this make a difference?
Expert:  FiveStarLaw replied 3 years ago.
Please clarify -- the property was foreclosed and now the lender is evicting you?
Customer: replied 3 years ago.
Yes
Expert:  FiveStarLaw replied 3 years ago.
Hello,

It may make a difference if this is residential property.

Under the Helping Families Save Their Homes Act, an occupant of a foreclosed home has 90 days after the sale to vacate unless the occupant has a lease. If the occupant has a lease, the lease continues after the foreclosure sale.

Customer: replied 3 years ago.
It has been more than 90 days.
Expert:  FiveStarLaw replied 3 years ago.
Than unfortunately my answers still stand

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.