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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I bought a REO occupied home last year. I went through the

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I bought a REO occupied home last year. I went through the eviction process. I was granted judgement and writ of possession, but was stopped due to previous owners filing for bankruptcy to delay the eviction.

The previous owner kept on delaying everytime his case was dismissed by refiling. Eventually, this time the judge has dismissed the case and ordered the previous owners that he is unable to file for bankruptcy for another 180days.

His deadline to move out is June 5, and I have contact the sheriff to have him evict the previous owners June 11.

Here is my question. The previous owner filed for individual bankruptcy. Is his wife able to file for individual bankruptcy to stop this eviction? The writ of possession is to serve the Mr. XXXXXXX and occupants.

cfortunato :

 


Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

If the writ of possession was obtained before any occupants file a Bankruptcy, the Bankruptcy cannot stop the eviction of those occupants.

cfortunato :

This is pursuant to Bankruptcy Code 362(b)(22).

cfortunato :

In other words, if the wife files a Bankruptcy, that cannot stop the eviction process.

Customer:

I think that only affects those who have granted a judgement from tenants from a lease. The "automatic stay" still applies for previous owner who have gone through foreclosure.

Customer:

I have already been affected by the husband filing for bankruptcy to have "automatic stay" enforced.

Customer:

Are they able to file for bankruptcy again, but the wife this time instead of the husband?

Yes - if only the husband was barred from filing another Bankruptcy, the wife can file one.
A writ of possession is a judgment. If you have received a writ of possession, the automatic stay will not affect the eviction process. If you have not received a writ of possession, you would then be able to resume the eviction process after you file a motion for relief from the automatic stay with the Bankruptcy court.
Yes - if only the husband was barred from filing another Bankruptcy, the wife can file one.

A writ of possession is a judgment. If you have received a writ of possession, the automatic stay will not affect the eviction process. If you have not received a writ of possession, you would then be able to resume the eviction process after you file a motion for relief from the automatic stay with the Bankruptcy court.
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