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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2541
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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Good afternoon, I filed bankruptcy as pro se due to identity

Customer Question

Good afternoon, I filed bankruptcy as pro se due to identity theft which has severely damaged my life. I'm in LL&T Court for rental arrears due to the thieves obtaining my bank account information which caused my checks to bounce. When I received the automatic stay from the bankruptcy court it stayed all my creditors including my Landlord. Now, the Landlord is trying to lift the automatic stay and have the Marshals evict me. What can I do to stop this eviction. I also have another apartment in another city but it won't be ready until another month. What can I do?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 1 year ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Did you file chapter 7 or chapter 13?

Terry L. :

If you filed chapter 7, there isn't much you can do to keep the automatic stay in place, unless you are current on the rent payments and can show proof to the creditor and judge.

Terry L. :

If you filed chapter 13 debt repayment plan, and have included the rent into the chapter 13 plan, then the motion would not be granted if you are current on your post-bankruptcy filing rent payments and have a feasible plan in place with the chapter 13.

Terry L. :

I assume you did chapter 7, and your best bet would be to work with the landlord until your new place is ready.

Terry L. :

ONce the stay is modified, the landlord would have to go back to LL&T court to evict you. If you explain the situation to that judge at that time, and tell him you just need that little bit of time until your place is ready, you may be given that time.

Customer :

Thank you, for your speedy reply. I filed chapter 7, and the cut tenant current, so I guess that there isn't really much that can be done. The rent isn't current due to the wage garnishment a and other things that have occurred.

Terry L. :

I hear ya

Terry L. :

So, talk to the landlord, if you will be out in 30 voluntarily, it will save him costs of having to go to eviction court and pay those costs, the sheriffs eviction costs etc.

Terry L. :

Hopefully they will work with you. If not, you can ask for time at the eviction hearing.

Terry L. :

The automatic stay motion would be granted, but you could ask for a continuance, or ask for an effective date (meaning the order won't go into effect for a number of days later).

Terry L. :

Any questions?

Customer :

so, Cavan ask for an effective date tomorrow at the bankruptcy court ?

Customer :

sorry for the grammatical mistakes.

Customer :

I will ask for a continuance and or an effective date. I appreciate your assistance. The Landlords Attorney would still have to serve eviction notice and. I have 6 days to ask for an order to show cause with the county court. I'm going to then try to hire an LL&T Attorney to assist me in negotiating with the Landlord.

Terry L. :

you can, yes.

Terry L. :

yes, so you still have some time until you have to be out, for which you can ask the courts to extend.

Terry L. :

Any other questions

Customer :

one last question, what is a continuance?

Terry L. :

a continuance is asking the court for time to resolve the motion, meaning reschedule the hearing for another date.

Terry L. :

Usually, it's granted if the creditor would allow it, say if you were coming up with the funds to cure.

Customer :

Ok

Customer :

Thank you for all of your assistance.

Terry L. :

You are most welcome. please click accept to rate my answer and close the question. Feel free to contact me again for any new questions! Thanks Terry L

Terry L. :

Did you have any followup questions? If so, let me know. if not, please click accept to rate my answer and close the question. Feel free to contact me again for any new questions! Thanks Terry L

Terry L. :

Did you have any followup questions? If so, let me know. if not, please click accept to rate my answer and close the question. Feel free to contact me again for any new questions! Thanks Terry L

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Terry L.
Terry L.
Bankruptcy Lawyer
2541 Satisfied Customers
Better Business Bur 15yrs bankruptcy experience. Chicago Bar