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Hi, I was the one who you recommend filing for emergency hearing for my 'in rem' relief.
There is an update: The husband has filed 2 bankruptcy which were both dismissed and is unable to file another bankruptcy until November 30. The wife just filed bankruptcy 2 months ago which was dismissed last month.
I was meet the sheriff for eviction, but was stopped by not the wife's 2nd bankruptcy filing, but their son's bankruptcy filing. Their son is not on deed and did not put me as a creditor. He did put in the address of my property which he said he is currently residing.
My question is he was not on the deed can his bankruptcy stop my eviction? What do you recommend me doing?
My current plan is to have my attorney talk to the county attorney to convince the sheriff to proceed with the eviction.
I was to note that I bought the property from the bank as a REO occupied home. I'm not too sure if this have any impact on things.
Currently the sheriff is refusing the proceed and told us that he will either need bankruptcy court's order to proceed or county attorney advice that he could proceed. The sheriff is taking cautious to everything, so he doesn't do the wrong thing. I know I could proceed, but the officer is not so sure.
What do you recommend me doing? Should I contact the trustee or should I continue with my 'motion for in rem' relief and motion to lift automatic stay with an emergency hearing?
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