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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I filed for chapter 13 bankruptcy the day before a judge issued

Customer Question

I filed for chapter 13 bankruptcy the day before a judge issued a summary judgment (eviction) in an eviction proceeding. The judge refuses to make a determination as to whether the automatic stay protects me. Do I have to be out of my house?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.
Hello,

So sorry to hear of your dilemna. I will strive to provide you with legal information to assist you.

I am a Florida lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information on this open and nonconfidential forum.

The automatic stay does protect you provided you filed for chapter 13 bankruptcy prior to the final judgment being issued by the court. Had the final judgment been issued, the eviction would be able to proceed regardless of the chapter 13.

I hope that this helps.



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Customer: replied 6 years ago.
Is it possible for me to forward you a copy of the judges response? I'm not sure what she's telling me... if I have to infact leave or not. My wife is disabled and this is a very bad situation for my entire family.
Expert:  Ellen replied 6 years ago.
you can type it here omitting your identifying information and I would be happy to read it
Customer: replied 6 years ago.

graphic

 

However the Final judgment isn't stamped until October 29, 2010 at 3:31pm by the clerk of courts. My bankruptcy was filed October 28.

Expert:  Ellen replied 6 years ago.

According to the judges letter, a final judgment was issued prior to the time you refiled the bankruptcy and therefore the sheriff is instructed to evict you.

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Customer: replied 6 years ago.
The judge's Final Judgment isn't time stamped. How is there any way of knowing if I was under bankruptcy protection or she issued the judgment first?
Expert:  Ellen replied 6 years ago.
The judge said that she issued the final judgment when you were not under bankruptcy protection. The timestamp or lack thereof does not disprove her allegation. In order to contest her ruling, you would need to file a motion in the bankruptcy court requesting that her ruling be set aside. It is extremely unlikely that you would prevail as the bankruptcy judge would likely take the word of the judge as to the timing.

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