Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.
I note that you requested Rodger so I am happy to opt out if you would like to wait for Roger. I can likely go back and look at your previous question and I can provide helpful information as to your question above.
Please let me know either way.
It sounds like your key concern is regarding the tenant from filing again just as you again try to evict. You should note that if she file twice in a one year period the stay only last 30 days unless extended by Court after request by party. If she files threes times in a one year period there is no automatic stay unless the Court imposes it after debtor requesting it. See http://codes.lp.findlaw.com/uscode/11/3/IV/362 go to the very bottom after section 28 and you will see the language as to the stay ending after 30 days. This was brought about by the bankruptcy reform act of 2005. You should also note that since 2005 if you can get a eviction judgment granted before she files for bankruptcy then the stay does not impact you. The goal here is to probably move fast and show judge a copy of the bankruptcy dismissal.
Let me know if you have any follow up questions.