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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 174
Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
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serial bankruptcy filing family

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Hi, I asked you questions about eviction and serial bankruptcy family filer that has been stopping eviction before.


The husband filed bankruptcy twice to stop eviction and is now barred from filing again until November 30. The wife filed for bankruptcy once in June but was dismissed last month.


I was about to evict them again, but was stopped once again but this time it was the son filing bankruptcy. I bought the property from the bank as REO occupied. Their son is not on the previous deed. I believe the automatic stay should not apply, but the sheriff is being cautious and said that he needs an order from someone superior to proceed.


What should I do to convince the sheriff that we can proceed with the eviction?

Hello! I am sorry to hear that you are having difficulties with the Sheriff. Essentially, if the son has not listed you as a creditor there is no bankruptcy "stay" in effect, so the Sheriff can not ask for an Order. Further, the Judge can not give you an order since you are not a creditor in his bankruptcy. Therefore, obtain a simple email or letter from the trustee to you, your attorney OR the Sheriff directly stating that there is no bankruptcy "stay" in effect, you are not a creditor in his bankruptcy and you may proceed with the eviction. If the trustee says you may not proceed for some reason, such as the Debtor listed you as a creditor or the house as an asset---then you will need to proceed with a Motion to Lift Stay. If you have to file that Motion, ask for it to be heard on an Order Shortening Time aka Emergency Hearing so you may proceed with the eviction and stating that the Debtor lied in his bankruptcy petition and that you are not a creditor and that he has no interest in the house legally.

I hope my answer has assisted you and that you will leave me a positive rating!
Customer: replied 3 years ago.

My attorney talked with the county attorney. My attorney e-mailed me: " He agreed that it is a good idea to file for in rem relief and has no objection. Because of the possessory interest of Tolosa son, the process of writ was stop."


The county attorney was unable to help us proceed with the eviction.


Is it possible for me to e-mail the trustee? My attorney is busy with filing motion for 'in rem' relief.

Thanks for the status update. Yes, you can contact the trustee without your attorney but they don't typically publicize their emails. (They don't like the debtors bothering them.) I would call first, since you want to remain on their friendly side. Their phone number and address should be on the Notice you received, but if not here is where you can find a list of all the trustees in your state. From there you can find their contact info. Just scroll down to Texas.

The in rem relief motion should be successful. If possible, have your attorney request attorneys fees too. This family has been a complete headache to deal with. It is so unfortunate when you see people abuse the system, just in order to get a free ride off someone else's property.

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