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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4656
Experience:  35 plus years of experience specializing in bankruptcy law
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Does a chapter 13 bankruptcy stop a Writ of Possession. The

Resolved Question:

Does a chapter 13 bankruptcy stop a Writ of Possession. The chapter 13 was filed 3 months ago and we just recieved the Writ today. My lawyer told us this would stop the eviction process. We live in Texas.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  dylatess replied 1 year ago.
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. Under the bankruptcy rules, a creditor must first seek relief from stay before proceeding with a writ. Therefore, unless you have received a prior court order from the BK court, the writ is invalid. Regardless, you need to advise your attorney so that he takes the necessary steps to quash the writ.
Customer: replied 1 year ago.

Is the BK court the only court that can lift the stay? The writ was issued by a CC court, this court is not handling our wrongful foreclosure law suite.

Expert:  dylatess replied 1 year ago.
Only the BK court can lift the stay and that court is superior to all other courts.
Customer: replied 1 year ago.

Two more questions. Is it illegal for the Bank to do this and what should we show the Sheriff if they come tommorrow?

Expert:  dylatess replied 1 year ago.
Show the sheriff a copy of the bankruptcy hearing notice. And yes it is illegal as the bank is in cotempt of court. And your attorney needs to contact them to advise that he will be filng a contempt action if they do not dismiss the writ.
Customer: replied 1 year ago.

In your opinion the Bank may be incontempt even if the CC court has issued the Writ?

Expert:  dylatess replied 1 year ago.
Absolutely!
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4656
Experience: 35 plus years of experience specializing in bankruptcy law
dylatess and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

Can you help us with Foreclosure attorney in Dallas, Texas?

Expert:  dylatess replied 1 year ago.
You are posting a new quesrion. Please rate my answer as ok or better and I would be happy to respond.

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