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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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What should be filed with the trial court to have a sheriff

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What should be filed with the trial court to have a sheriff sale withdrawn after a notice of stay is filed from a bankruptcy ?
I am a bankruptcy attorney. A 1 page Notice of Bankruptcy Stay needs to be filed in the trial court. The pleading should look the same as the trial court action, except it merely gives notice that a bankruptcy action has been filed involving the debtors and the property and that the state court action is now stayed per 11 USC 362.
After that the Judge and Court is notified via your filed document that the trial court action must cease and all actions (such as eviction) are canceled. The case will not be dismissed, but instead it will merely be open in a holding pattern until the Creditor files a Motion to Lift Stay in the bankruptcy court, has a hearing before the Bankruptcy Judge and receives a written order granting the creditor the right to proceed with the trial court action.

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Customer: replied 3 years ago.

the stay has been filed with the trial court however the plaintiff has not withdrew the sheriff sale and it has been 30-days

Fantastic! The plaintiff does not actually have to "withdraw" or do anything. The sheriff's sale is just canceled now. If you want to take an extra step to feel more comfortable, take a copy of the notice of sheriff's sale and a copy of the notice of bankruptcy stay over to the sheriff's office and let them know the sale is off and you just wanted to make sure they knew and had a copy of any documents if they need them. Remember to be courteous and friendly, as they are there to assist you. Some people feel intimidated walking in there, but they are actually quite nice! A Sheriff will never go forward with a sale if a stay is in place or allow the creditor to do anything that violates the bankruptcy stay.

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