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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33559
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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My renter filed chapter 13 bankruptcy on Nov 6. Rent was due

Resolved Question:

My renter filed chapter 13 bankruptcy on Nov 6. Rent was due for Nov by Nov 5th. This weekend she moved back into the house. The court date for the eviction is Dec 6th (this Thursday) I understand filing chapter 13 delays evection for thirty days. Does the 30 days begin with the filing or does she get anther 30 days.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 1 year ago.
Hello,

The 30 days is not a statutory requirement. Chapter 13 operates to stay all judicial actions against the debtor. Bankr. Code 362(a)(1). Unless and until you actually file a motion for relief from the automatic bankruptcy stay, you cannot continue the eviction process. The state court will refuse to proceed, because to do so is contempt of the federal court, which could, believe it or not, land the state court judge in a federal jail cell.

The reason why it requires about 30 days to continue the eviction action in court, is because, if you, as the creditor, file a motion for relief from the bankruptcy stay in court tomorrow, the court will probably set the hearing for about 30 days later. You can file a motion for an order shortening time, based on grounds that you will not have adequate protection unless the motion is heard immediately, but this is all just legal "legerdomain." The reality is that you may have to hire a bankruptcy attorney to file the motion for relief from stay, if your goal is to get this done in a hurry -- because a lawyer who practices in your bankruptcy court probably can get the judge's attention faster than you can as a self-represented party. And, there may be no "form" that you can just fill out for your particular bankruptcy court.

For a competent bankruptcy lawyer referral, see this link.

Please let me know if I can be of further assistance.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33559
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and other Bankruptcy Law Specialists are ready to help you

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