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?
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).