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Irwin Law
Irwin Law, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6851
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I have a county civil eviction case against me in Florida.

Customer Question

I have a county civil eviction case against me in Florida. I filed chapter 7 bankruptcy which grants automatic stay. There has been no final judgement yet. I filed suggestion of bankruptcy with court and notice of bankruptcy with court but the judge assistant says it's not good enough and I need to file a motion. Where can I find a motion of automatic stay that I can edit and file? They gave me until 10 am tomorrow or they will proceed. Thank you
Submitted: 7 months ago via Cornell Legal Info Institute.
Category: Bankruptcy Law
Expert:  Attorney2020 replied 7 months ago.
Did the plaintiff in the eviction case file a motion to be relieved from the automatic stay that was granted?
Customer: replied 7 months ago.
Days ago plaintiff filed motion for default. Bankruptcy was filed this morning and judge has not made a final judgement. Problem is the judge assistant is saying they aren't aware of why the case should be stopped. I filed notice of chapter 7 bankruptcy and suggestion of bankruptcy. Do I need to file some kind of motion of automatic stay to let them know there is an automatic stay? They seem oblivious to it or what it even means
Customer: replied 7 months ago.
And no the bankruptcy just filed today so plaintiff lawyer has not filed for any relief from it but the judges assistant is making it sound like if I do not file more than I have the judge will make a decision tomorrow. Like the automatic stay doesn't even exist
Expert:  Attorney2020 replied 7 months ago.
A quick letter to the plaintiff citing your bankruptcy case would be prudent. Also a very short motion would be helpful for the Judge to put the Court on alert of your bankruptcy. Or even a document titled Notice of Bankruptcy Filing submitted to the court on proper pleading paper would be prudent.In light of the circumstances, it is best to get the information before the court in the most efficient manner so that the Judge understands you are in bankruptcy.I hope that helped. Please ask any follow-up questions. Please rate my answer so that i may be credited for my time. I thank you in advance for your cooperation.
Customer: replied 7 months ago.
That is my issue. Where can I find a template of this motion or can you help me in telling me what it should contain and what kind of verbiage should be in it?
Expert:  Attorney2020 replied 7 months ago.
What state court would you file the motion in? Please rate my answer so that i may be credited for my time. I thank you in advance for your cooperation.
Customer: replied 7 months ago.
Florida
Expert:  Attorney2020 replied 7 months ago.
Here is a link to a motion the court analyzed. http://www.floir.com/siteDocuments/PIPAppelleeResponse2013-CA-0073.pdfFollow this outline as best as possible.I suggest going to your local law library as well. Please rate my answer so that i may be credited for my time. I thank you in advance for your cooperation.
Customer: replied 7 months ago.
I'm not seeing the relevance between this form and what I am trying to accomplish. I need a motion to impose automatic stay for pending eviction case.
Expert:  Attorney2020 replied 7 months ago.
Are you requesting that I write the motion for you?
Customer: replied 7 months ago.
Is that possible or no?
Expert:  Attorney2020 replied 7 months ago.
No, that is not possible. as an FYI, the cost of an attorney writing an emergency motion for a 10 am filing would cost around $2,000.
Customer: replied 7 months ago.
Then can you direct me to a template or a form that is similar to my specific situation? Or a generic form for automatic stay due to chapter 7 bankruptcy?
Expert:  Attorney2020 replied 7 months ago.
After searching for almost an hour through my legal resource subscription, attached is the closet brief I found related to your issue: Look at pgs. 17-24. Please rate my answer so that i may be credited for my time. Otherwise I will no get credited for the approximate hour I spent on this issue.
Expert:  Attorney2020 replied 7 months ago.
Please rate my answer so that i may be credited for my time. Otherwise I will no get credited for the approximate hour I spent on this issue. Please rate my answer so that i may be credited for my time. Otherwise I will no get credited for the approximate hour I spent on this issue. Please rate my answer so that i may be credited for my time. Otherwise I will no get credited for the approximate hour I spent on this issue.
Customer: replied 7 months ago.
This still doesn't help me. I see the pages but it doesn't help me to create a simple motion informing the court about the automatic stay. I've seen a few in Indiana and other states that are 1 page long and fairly simple but none for Florida
Expert:  Attorney2020 replied 7 months ago.
The ones that you have already viewed, just tailor it to be addressed to the Florida court. Bot***** *****ne is that it needs to get in front of the Judge.Please rate my answer so that i may be credited for my time. Otherwise I will no get credited for the approximate hour I spent on this issue.
Customer: replied 7 months ago.
Yes but those have verbiage not suitable. The most recent one says in those pages things regarding a previous chapter 7 bankruptcy. Mine is brand new filed this morning and I've never had one prior. These just aren't applicable, it's not as easy as changing things over to Florida court and filing it, it would be dismissed.
Expert:  Attorney2020 replied 7 months ago.
I will opt out. Good luck to you.
Expert:  Irwin Law replied 7 months ago.
The automatic stay of proceedings under Section 362(a) of the Bankruptcy Code does not require a motion of any kind to be placed in effect. The operator of term here is the word "automatic". We don't have time to look up case law. I am sending you a form which is for California. http://www.courts.ca.gov/documents/cm180.pdf Fill in the form and change California to Florida and your courts case no. etc.... File a copy of it with the FL court first thing in the morning and serve a copy on the opposing attorney by fax or mail. This is as good as it's going to get for you before 10 o'clock tomorrow morning. You may thank me by posting a oositive rating for this Answer now, and perhaps a nice bonus based on what happens tomorrow morning at court.
Customer: replied 7 months ago.
This is a Secure Password ***** Form, I cannot edit it to remove California. Is there any way you could find me something like this for Florida? I would be happy to leave good feedback and conclude this if you can.
Expert:  Irwin Law replied 7 months ago.
It's not a form that you need, it's the information that is contained in the form. You can make up your own form based on the information in the California form. Remember though you must attach a copy of the cover page of your bankruptcy filing to show the actual filing date and the case number. That tells whoever receives the notice that the bankruptcy filing is real and they are stayed.
Customer: replied 6 months ago.
Ok, so I filed suggestion of bankruptcy and notice to stay of proceedings. Both documents show that bankruptcy petition was filed on May and 12th. The morning of May 13th I phoned the Judges Assistant and let her know I emailed copies of both documents to her and emergency e-filed them and she said she was giving them directly to the judge. They gave me a 10 am deadline to provide these documents and I had them to her at 9 am. I checked this morning and I see two orders - not signed by court for default and possession... Please see attachment...How can this be possible with an automatic stay in place? What can I do? I thought this judgment would absolutely be halted due to the automatic stay and my filing of those documents.
Expert:  Irwin Law replied 6 months ago.
Hello again. I note that you have not given any positive rating to my Answer thus far. I am an independent contractor and I am not being compensated for assisting you Until you rate my answer. I will be happy to continue this discussion if you wish, however since you are not satisfied with my answers, I must decline to do so unless you rate my answer
Customer: replied 6 months ago.
I was planning on rating your answer as soon as I verified that the answer you provided to me worked. Based on my new question and the attached image, I am concerned that is not the case. Therefor I asked a related question to get clarification from you as to what this new information means and how it relates to your previous answer.
Customer: replied 6 months ago.
If you do not want to answer then please release me so that another attorney can answer.
Expert:  Irwin Law replied 6 months ago.
The order forms are provided by the attorney for the plaintiff. You said yourself that the judge did not sign the order. That means that the information I provided to you worked. No order for eviction has been something against you, because you sent them the necessary notice of the stay. How did you know what to send to the court? I don't understand why you are questioning it at this point.
Customer: replied 6 months ago.
The docket shows two orders - not signed by the court. One for possession and one for default. Does this mean the judge did not sign them when it says not signed by the court? Is the plaintiffs attorney allowed to file these orders after being served notice of bankruptcy? Please clarify and I will happily rate you. Vague answers are not what I came here for or what I want to pay for. I hope you understand
Expert:  Irwin Law replied 6 months ago.
Whenever an attorney files petitions or motions, they always Prepare and submit proposed orders for the judge to sign. What the docket summary shows is that after the notice of bankruptcy was filed, those proposed orders remain in the file, unsigned by the judge. According to that docket sheet, there was no default judgment taken, and there is or order for possession requiring you to move out.
Expert:  Irwin Law replied 6 months ago.
I was planning on rating your answer as soon as I verified that the answer you provided to me worked. If you check with the Court you will see that my Answer worked. There should still be no signed eviction Orders. The fact that unsigned orders are in the file has no legal significance. Please rate answer now. There is no cost to you.
Expert:  Irwin Law replied 6 months ago.
What further evidence do you need now to prove to you that the procedure for stopping the eviction order worke, just as you were told it would.
Customer: replied 6 months ago.
Just answer already billed me $53
Expert:  Irwin Law replied 6 months ago.
Yes but you have not entered a positive rating for my answer which means that I get no credit for assisting you. I only get credit when you give me a positive rating. Thanks for your consideration. The rating choices are boxes one through five which appear at the top of this answer block
Expert:  Irwin Law replied 6 months ago.
By the way this does not cost you anything extra to do.

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