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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2565
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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A friend has filed BK chapter 13 and needs help filing a TRO

Customer Question

A friend has filed BK chapter 13 and needs help filing a TRO so that a property he has an ownership interest in is not sold. What are the right proceedures to follow and what are some of the cases to cite.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 1 year ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here..

Terry L. :

IF this is his first bankruptcy, he should send the notice of filing he received to the lender's attorney

Terry L. :

He can fax it with a note to stop the foreclosure.

Terry L. :

The debtor gets automatic protection, and the attorneys will know to stop the foreclosure.

Terry L. :

He can also call to give them the case # XXXXX they may want him to fax it over though too.

Terry L. :

Any questions?

Terry L. :

The TRO you are referring to is called the Automatic stay protection, which goes into effect the moment the case is filed.

Customer:

Thank you for your advice. He is filing a TRO today--could you please help me with the proceedures and references.

Terry L. :

As I stated, he doesn't need a true TRO.

Terry L. :

The bankruptcy notice will suffice as his notice of filing.

Terry L. :

As an attorney, once I file, All I do is fax the bankruptcy notice to the lender's attorney to stop the foreclosure action.

Terry L. :

Is this the first case?

Terry L. :

Bankruptcy case?

Customer:

Yesterday, in a court appearance, the judge told my friend to file a TRO. Since my friend does not have an attorney, he needs help understanding the proceedures and gettting the right references to do a TRO.

Terry L. :

Was this in state court?

Terry L. :

Your friend should go to the court clerk help desk for help in filing the TRO then. Attach a copy of the bankruptcy filing notice to the TRO

Terry L. :

The court clerk will be familiar with that, and can assist them in filling it out.

Terry L. :

Do you have any more bankruptcy questions?

Terry L. :

Any other questions?

Terry L. :

are you there?

Customer:

I am still seeking answers for the question that I originally asked about the proceedures and citiations for filing a TRO in BK court. Clerks in our court do not give legal advice nor write several page documents with the appropriate references.

Terry L. :

Ok, I am a bit confused.

Terry L. :

You are filing a TRO in bankruptcy court?

Terry L. :

Or in state court foreclosure?

Customer:

In BK court

Terry L. :

The bankruptcy judge told your friend to file one?

Terry L. :

Let's back up. Let me ask a few questions first.

Terry L. :

1. Is this your friend's first bankruptcy case?

Customer:

no many years ago in the early 1990s he declared BK

Terry L. :

ok.

Terry L. :

what motion was filed in bankruptcy court?

Terry L. :

Generally, the filing automatically stops the foreclosure, if there has not been a sheriffs sale at the time of filing.

Terry L. :

so question 2. Which judge (bankruptcy or foreclosure court) told your friend to file a TRO

Terry L. :

are you there?

Terry L. :

I will change this to Q&A. Feel free to answer when you can, i will reply once I am alerted to a post.

Terry L. :

THanks

Terry L. :

Terry

Expert:  Terry L. replied 1 year ago.
You can reply and I'll answer once I am alerted.
THanks
Terry
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2565
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

The judge was in BK court.
I heard the judge recommend that I friend file a TRO in BK court. I have been asking justanswer to provide the proceedures and references for this.

Expert:  Terry L. replied 1 year ago.
I've never heard of the judge issuing a TRO, since the automatic stay, does just that, automatically protects the debtor from creditor.
Unless there are some strange facts involved that I am not aware of, perhaps they should just file a motion to enforce the automatic stay, with an attached order to that effect.

Your friend can also check on the bankruptcy court's website for local forms, the judge may have just that order listed.

The bankruptcy court where your friend filed may have a help desk too, which can help them get the right forms and motions/orders to use.

Finally, your friend can always call the judge's clerk to clarify what is needed.

I'm not avoiding the question, it's just that I've never used a TRO or seen any motions in court regarding a TRO in the 15 years of practice in bankruptcy law. That's all I do, so this is new to me, perhaps it's unique to the judge in your friends case.

Let me know if you have any more questions, please let me know.

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