Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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.