Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
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.
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
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
I see you have gone offline, let me know if you have any further questions.
Good luck if you don't
Thank you for your answers.
So if they are not on the previous deed, even if they file bankruptcy the automatic stay would not be enforced?
I will let the bankruptcy court know about their intentions.
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.
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.
I'm just worried that after the dismissal of the wife's bankruptcy, the son will file bankruptcy to stop eviction causing further delay.
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?
What document would I need to show the judge that I need 'in rem' relief?
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