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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2512
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I was evicting the previous owners from a foreclosure. I was

Resolved Question:

I was evicting the previous owners from a foreclosure. I was granted judgement and writ of possession, but was stopped by the previous owners filing bankruptcy the day of the eviction.

This is the previous owner's second time filing for bankruptcy this year, so from what I read he only has 30 days of "automatic stay". I filed for motion to lift automatic stay, but the hearing is not for another 1 1/2 months. The 30 days will be up before my hearing.

The sheriff asked me to get documents from the bankruptcy court, so we can proceed with the eviction. What document should I show the sheriff that his "automatic stay" is no longer an issue? Will the court release a document? Will I still to proceed with my motion to lift automatic stay?
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 they don't extend the automatic stay, there is no document per se.
Terry L. : he is referencing your order modifying stay
Terry L. : whystay why is your motion set so far out?
Customer:

The sheriff said I had to bring him document to prove that the bankruptcy had lifted the automatic stay.

Customer:

Once the 30days are up, how would I be able to prove to the sheriff that the automatic stay is no longer enforced?

Terry L. : You can bring a copy of the order denying the extension, if that is what happens
Terry L. : I've seen creditors being motions to 'confirm the non-existence of the automatic stay' too, that way you'll have an order to give the sherriff
Customer:

So regardless of the 30days, I will have to get an order from the court?

Customer:

They did not request an extension.

Customer:

Filing motion to 'confirm the non-existence of the automatic stay' and motion to 'lift automatic stay' will probably be the same amount of time?

Terry L. : There is no order, you can provide a copy of the court record showing no stay extension in the new case and a copy of the code section 11 USc 362(c)3(B)
Terry L. : you don't need the order, but the sheriff might not be that we'll versed in the nuances of the bankruptcy code
Terry L. : Usually just a week notice for that motion would suffice
Terry L. : Thanks and good luck
Terry L. :

any followup questions?

Terry L. :

if not, please click accept to close the question. thanks and good luck

Terry L. :

It's been about a week, did you have any followup questions? If not, please click accept to close the question. Thanks and Good Luck! Terry

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2512
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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