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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5142
Experience:  37 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: 4 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 4 years 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 4 years 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 4 years ago.
Only the BK court can lift the stay and that court is superior to all other courts.
Customer: replied 4 years 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 4 years 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 4 years ago.

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

Expert:  dylatess replied 4 years ago.
Absolutely!
dylatess and other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.

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

Expert:  dylatess replied 4 years ago.
You are posting a new quesrion. Please rate my answer as ok or better and I would be happy to respond.