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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2505
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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Here is my story... I bought a REO occupied home in 2012. The

Resolved Question:

Here is my story... I bought a REO occupied home in 2012. The previous owners are still living there. We have no lease agreement. We went through the eviction process and won our case. The previous owners appealed, but we won that case as well. I was in front of the property with the sheriff about to evict them, but the sheriff told us that the previous owner (Husband) filed a chapter 13 bankruptcy which stops the eviction with the "automatic stay" enforced.

The bankruptcy case got dismissed, but he quickly refiled again. We finally got out hearing for motion to lift and was granted.

The sheriff stop the eviction again because the wife filed for bankruptcy this time and said we'll need to go back to bankruptcy court to figure things out with them.

The husband can not file bankruptcy for another 180 days, but the wife's case may take around 90-120 days to get motion to lift automatic stay. Assuming that she will file bankruptcy 3 times like her husband.

Their son also lives on the property. He is not on the property deed. What if after the wife's bankruptcy get dismissed, can the son file bankruptcy to stop the eviction?

If their son is also capable of filing, it would be a never ending circle of bankruptcy...
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. :

You shouldn't have to wait the 90-120 days to bring the motion to lift stay. bad faith, serial filer etc. Since the son is not on the loan with the original bank, nor is he on the lease, if he files bankruptcy, there would be no automatic stay as you are not a creditor in his case.

Terry L. :

When you bring a motion in the wife's case, you should request 'in rem' relief, meaning that no further bankruptcy can stay your right to evict

Terry L. :

That would be the best option to protect your future interests, cite the husband's numerous cases, and 180 bar etc too in your motion

Terry L. :

I see you have gone offline, let me know if you have any further questions.

Terry L. :

Thanks

Terry L. :

Good luck if you don't

Customer:

Thank you for your answers.

Customer:

So if they are not on the previous deed, even if they file bankruptcy the automatic stay would not be enforced?

Customer:

I will let the bankruptcy court know about their intentions.

Terry L. :

The automatic stay goes into effect if they were an actual tenant, on the lease. If you get the 'in rem' relief with the wife's motion to modify the automatic stay, it won't matter any further.

Customer:

There is no lease. I bought this property at a foreclosure auction. They are the previous owners. The husband and wife are on the deed, but their son (27 years old) is not.

Customer:

I'm just worried that after the dismissal of the wife's bankruptcy, the son will file bankruptcy to stop eviction causing further delay.

Customer:

Also, I'm filing for motion to lift automatic stay, but is there a different motion I need to file for the 'in rem' relief?

Customer:

What document would I need to show the judge that I need 'in rem' relief?

Terry L. : Just request the stay to be modified in rem because of the serial filings
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2505
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you

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