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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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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: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.
Hello,

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Customer: replied 6 years ago.
yes
Expert:  Ellen replied 6 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 6 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:  Ellen replied 6 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 6 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:  Ellen replied 6 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


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Customer: replied 6 years ago.
Did I mention that the landlord was the entity that foreclosed? Would this make a difference?
Expert:  Ellen replied 6 years ago.
Please clarify -- the property was foreclosed and now the lender is evicting you?
Customer: replied 6 years ago.
Yes
Expert:  Ellen replied 6 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 6 years ago.
It has been more than 90 days.
Expert:  Ellen replied 6 years ago.
Than unfortunately my answers still stand

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