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I'd like to send you a draft of the request for relief. I used PACER and found that this guy has committed felony perjury based on the lease I have with him and his Bankruptcy filing. I found a motion for relief in one of his previous cases and used it as a draft. I just want your opinion, I am not employing you as my lawyer, just asking for advice. I'd rather not post my motion publicly.
ok, for some reason my message back is getting rejected
MOTION FOR RELIEF FROM STAY
COMES NOW the Movant, ---S INC, to show the court as follows:
This is a motion under Sections 362(???) of the Bankruptcy Code for relief from the existing stay for the purpose of possession of residential property under lease.
--- (hereinafter “Debtor”) filed this proceeding under Chapter 7 of the Bankruptcy code on May 8, 2013, and has ABANDONED the property located at---, FOREST PARK, GA 30297. A copy of said Lease is attached as (Exhibit “A”). Movant is attaching (Exhibit “B”) from Section 14 of Debtors filing, that shows the Debtor stated he did not control property owned by others. Movant also submits that per Schedule G (Exhibit “C”), Debtor again states he has no unexpired leases. Debtor lists under Section 13. B (Exhibit “D”), that he has debtor’s rents. It is unclear how one can claim he controls no property, yet has debtor lists rent as an expense. Movant has also attached the property record for the address listed on Debtor’s filing, (Exhibit “E”), based on the alone document, Movant gathers that Debtor does not own said property, nor reside at property owned by Movant that is leased to Debtor.
WHEREFORE, Movant respectfully requests:
That this court terminate the automatic stay of Bankruptcy code Section 362 (???) to the extent that the automatic stay enjoins and restrains Movant from its rights under the term of lease. The terms of the lease state that the Debtor is to occupy the property and pay rent due. The Debtor has abandoned the property by means of taking residence at --- (Exhibit “E”), the same address listed on the creditor filing. Movant also prays that the court grant absolute exemption from all future bankruptcy claims of Debtor based on Debtors past history of multiple filings over the last decade..
As of 5/22/2013 the Debtor is in arrears of $2719.00 for rent, security deposit, legal and investigative fees. Movant shows that good cause exists for granting Movant relief from the automatic stay due to loss of income from an abandoned property, and right to collect said debt.
sorry, I think i sent it twice - I'm trying to determine the specific code for a property under lease violation or perjury violation.
Perjury would be the best to find, I think that would then automatically support lease violation for eviction.
What did you think of the draft? Am I going to get laughed out of court? Also, considering the circumstances...do you think I should retain a lawyer, or would a letter to the trustee and the judge with my proof of perjury suffice? It's solid proof in my opinion, and i think I can get neighbors testimony if necessary.
i'm filing a motion with the bankruptcy court, Wouldn't I need to state some violation of the code of bankruptcy for relief? ? As that is my ultimate goal, to be relieved of the inability to collect the debt and continue eviction.
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