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Ask Terry L. Your Own Question

Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2507
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I need a Wisconsin Lawyer who knows about bankruptcy.

Customer Question

I need a Wisconsin Lawyer who knows about bankruptcy.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 3 years ago.

Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

No one has answered so far. this is actually federal law, so I can assist you.

Terry L. :

Under the bankruptcy code:

Terry L. :

11 USC 362 (b) The filing of a petition under section 301, 302, or 303 of this title, or of an application under section 5(a)(3) of the Securities Investor Protection Act of 1970, does not operate as a stay--

Terry L. :

(22) subject to subsection (l), under subsection (a)(3), of the continuation of any eviction, unlawful detainer action, or similar proceeding by a lessor against a debtor involving residential property in which the debtor resides as a tenant under a lease or rental agreement and with respect to which the lessor has obtained before the date of the filing of the bankruptcy petition, a judgment for possession of such property against the debtor;

Terry L. :

So if they got a judgment for eviction before the bankruptcy case was filed, the landlord can still proceed with the eviction.

Terry L. :

Otherwise, they need to bring a simple motion in the bankruptcy case, called a motion to modify the automatic stay, which the court would routinely grant as long as it is for possession only, not back rent.

Terry L. :

this would only delay the eviction process a few weeks until this is granted.

Terry L. :

So if there was an order for possession - bankruptcy would not stop it, if no order pre-bankruptcy, then it would, temporarily, until the stay was modified and the creditor goes back to eviction court to get the possession order.

Terry L. :

Thanks for your question, good luck.

Customer :

Can you take a look at Wisconsin Case No. :09-CV-8088

Terry L. :

I do not have access to wisconsin cases, sorry. what is the question you have about it?

Customer :

You are a Wisconsin ATTY, are you not? If you google wcca and go to wisconsin curcit court asses, then press AGREE it will open up. Type in McLea Leon and go down to case #XXXXX you then can review it, OK?

Terry L. :

This forum is not to give specific legal advice about cases, but general answers to the bankruptcy process and bankruptcy code.

Terry L. :

if the judgment was entered before the bankruptcy, the eviction can stand.

Terry L. :

if there was no judgment, then the bankruptcy stops it temporarily until the stay is modified.

Customer :

I don't know if there was a judgement or not, is there one?

Terry L. :

once again, this forum prohibits me from giving you that type of information, if you want to hire a local attorney to review the court record to give you advice about that specific case.

Terry L. :

that would be your next step

Terry L. :

do you have a question about the code section i cited?

Terry L. :

for the record, I am an Illinois attorney, but the code is federal law.

Terry L. :

JA Customer, do you have another question?

Customer :

I was told by an Aston Texas Atty. that everything stops in Texas and a friend of mine in WI who use to be and atty thought but only thought that I could stop this eviction with a bankruptcy. I am broke so this is the only way I can afford to talk to any atty.

Terry L. :

i see.

Terry L. :

the bankruptcy code changed in 2005 putting this new rule into effect.

Terry L. :

is this your home that you are trying to stop eviction on? where you live?

Customer :

The home is in a LLC which I am told I am 1/2 owner. The other 1/2 is owned by my x partner and the judge orderd sole administrator to the X. The X put it on the market but I never signed the listing contract. The x lied on the condition report about the condition of the property and the x is a broker and also ownes a real estate company. The judge felt I was interfering with the sale of th eproperty because I would tell the prosrctive buyers what is wrong with the property.

Terry L. :

I see.

Terry L. :

So is the case an eviction proceeding?

Terry L. :

the automatic stay, even if it is in effect, will only last for 90 days or until the creditor moves for an order to modify it, so a bankruptcy will not really stop the process.

Terry L. :

it may slow it, but only for a few weeks at best

Customer :

The case is a civil suit claiming I STOLD THE CABIN. It was agreed verbaly that I would take the cabin out of the LLC, move to the cabin, get financing, finish it and then we would sell it or use it for person use.

Terry L. :

ok i see

Terry L. :

the bankruptcy can stay this case then, since it does not sound like an eviction

Terry L. :

a chapter 7 will bring you temporary relief, until the creditor brings a motion to modify the stay

Terry L. :

they may file an objection to bankruptcy discharge though, if you seek to discharge a monitary obligation

Terry L. :

any other questions?

Terry L. :

thank you for your question, good luck.

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