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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34361
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I filed for chapter 7 bankruptcy and I am in way over my head.

Resolved Question:

I filed for chapter 7 bankruptcy and I am in way over my head. I have filed an extension to submit schedules a-j and now received a motion to obtain relief from automatic stay as to leased premises. I need help asap!
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 1 year ago.
Hello,

No one here can walk you through your bankruptcy filing -- nor can anyone draft pleadings for your use in court. Both of these things would represent the unauthorized practice of law in this forum.

However, if you have specific stumbling blocks, feel free to ask, and I will be happy to try to assist.

Thanks in advance.
Customer: replied 1 year ago.


Okay. Right now I am trying to draft a response to the motion to obtain relief from automatic stay as to leased premises.


 


My roadblocks right now is:


 


-formatting


-do I need to write legalese to have my objection submitted?


- is there a form that I fill out to submit my objection? if so, where is and what is it called?


-I am assuming that "curing" is paying the judgment owed?


 

Expert:  socrateaser replied 1 year ago.
-do I need to write legalese to have my objection submitted?

A: No. The judge is used to reading pro se pleadings that do not conform to lawyer-like draftsmanship. Moreover, federal courts are required to give pro se litigants latitude in pleadings and court appearances, as far as their form. The goal is that the court must do substantial justice.

Here is a fairly typical example of an objection to a motion for relief from stay. Here is another.


- is there a form that I fill out to submit my objection?


A: No.


if so, where is and what is it called?

 

A: Inapplicable.

 

-I am assuming that "curing" is paying the judgment owed?

A: You can object to the creditor's demand that you cure a prepetition judgment that is already liquidated (entered by the court). You can further ask that the court compute the exact amount necessary for you to cure. The creditor's calculations are not final.

Hope this helps.
Customer: replied 1 year ago.

even if the judgment for eviction was done on the same day?

Expert:  socrateaser replied 1 year ago.
A judgment for eviction is not the same as a judgment for money. A judgment for eviction may include money. That money is liquidated debt, if the judgment was issued before the bankruptcy petition was filed. Check the date and time stamps of the judgment and the bankruptcy petition.

Regardless of the above, the bankruptcy court is in control of whether or not you can remain in the property now, not the landlord and not the state court. And, the bankruptcy court has discretion to order the amount necessary to cure the default, assuming that the bankruptcy petition was filed before the judgment. If not, then the lease terminated at the instant that judgment was entered, the lease is not part of the bankruptcy estate, and the court will probably lift the stay, because the court has no jurisdiction over the leased property.

Hope this helps.
Customer: replied 1 year ago.

it did a great deal. so basically I am wasting my time with this and I should find somewhere to move then. I hope that I will be able to continue speaking with u. I am going to start the schedules tomorrow and give up on this. Thank you so much for your help.

Expert:  socrateaser replied 1 year ago.
There is one reason why you might want to object -- the court can stay your removal until the bankruptcy is discharged and closed -- if you need a few more weeks or a month -- and it probably will do so, if you ask. But, you'll have to pay rent while you're there -- the amount of which would be set by the court.

If you don't need time to get your stuff in order, then it's probably time to "ease on down the road."

Best wishes.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34361
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 2 other Bankruptcy Law Specialists are ready to help you

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