Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.
The only way to stop a Sheriff's sale is for a court to issue an injunction. I noticed this was filed in the bankruptcy section, have you filed a bankruptcy already?
If you file for bankruptcy, then the court automatically issues a "stay" which is the same thing as an injunction for your purposes. I never recommend someone file this themselves, it is one of the few areas that a person really needs a lawyer, but it isn't against the rules for you to file it yourself.
You can also file for an injunction through the regular courts, again, I highly recommend a lawyer, because it is much more difficult to file an injunction through the courts. I'll put the process in my next post.
The steps to an injunction are:
1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.3) A hearing on the TRO is set.4) The TRO and notice of Hearing is served on the defendant.5) The defendant should immediately begin following the judge's orders.6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.9) Discovery is conducted by both sides.10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:1) An immediate need,2) Which, if not granted, will result in irreparable harm,3) With no adequate remedy at law, and4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.
Yes, but there is no way I could explain it nor are we allowed to. I can tell you that you just fill out the forms and file them with the clerk of the bankruptcy court along with the filing fees. The problem is that if you file them incorrectly the judge will dismiss the bankruptcy and not let you refile it. You can get a local lawyer to file for you or you can get the forms filled out for you by a place like Legalzoom.com.
I believe that all bankruptcy courts (actually all federal courts now) require that filings be made electronically.
The forms are pretty complicated and we aren't allowed to tell you how to fill them out, mainly because that requires an attorney-client relationship which we don't have.
You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Bankruptcy or, if you are trying for a regular injunction, enter Civil Litigation. Those are the areas which will have the skill set to assist you.
If your original question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.
Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.