How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 18813
Experience:  B.A.; M.B.A.; J.D.
Type Your Bankruptcy Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

My tenant who I filed a UD suing of my property (not back

Customer Question

My tenant who I filed a UD suing for possession of my property (not back rent) filed a bk one day before our court date as a tactic. Her bk case was dismissed after 14 days as she never filed ANY paperwork. Also since I did not sue her for money, I was not even listed as a creditor on her filing, however, she still use that and filed an automatic stay on our trial date, that was a month ago. Now I'm worried since a person can file as many bk as they want, I suspect she will highly likely file again, ONE DAY before our court date again (which is March 3rd). Is there anyway when I see the judge I can show the motion to lift stay I filed in bk court and get a judgement? She did not appear in court last time, and she had not returned ANY of my daily phone calls or text messages, so I know most likely she won't show up in court on March 3rd. IF she doesn't show up on that date and I have filed a motion to lift automatic stay, will the judge grant me judgement and writ of possession since I can prove she is abusing bk law?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 1 year ago.

If she files for bankruptcy again, before the March 3 hearing, regrettably, you must file a Motion to Lift the Automatic Stay with the bankruptcy Court. Your Motion MUST be granted in order for you to proceed with your State Court case. Merely filing the Motion to Lift the Stay does not grant you the right to continue with your case. So, showing the presiding Judge a copy of the Motion that you filed is not sufficient. You must have a copy of the Order of the Bankruptcy Court granting your Motion.

One very important thing. Your Tenant cannot keep filing for bankruptcy to stop the trial. On the second filing in year, the Automatic Stay is only for 30 days. After the second filing in a year, the Automatic Stay no longer applies. So, if she files bankruptcy a third time in a year, there will not be an Automatic Stay, you can proceed with your case at that time without further interruption.

Related Bankruptcy Law Questions