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MIAMILAW1127
MIAMILAW1127, Attorney
Category: Landlord-Tenant
Satisfied Customers: 745
Experience:  Founding Partner at Moises Law, P.A.
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Are you in florida? or are you familiar with tenant eviction

Customer Question

are you in florida ? or are you familiar with tenant eviction in davenport florida? or you know someone in the area?
the tenant filed bankruptcy #7. and we still filed motion for default and final jugment. so far we are in #13.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. I am going to be assisting you with your question today.

Please note: This is general information 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. By continuing, you confirm that you understand and agree to these terms.

I am familiar. What is your question?

Customer: replied 1 year ago.
Eviction of the tenant. now we are in step #13. in step#7 tenant filed bankruptcy:
1. AUTHORIZATION TO PROPERTY MANAGER
2. CONSENT TO CASE CLOSURE AFTER 90 DAYS OF INACTIVITY
3. CERTIFICATE OF SERVICE REGARDING COMPLAINT FOR EVICTION RESIDENTIAL PROPERTY
4. EVICTION SUMMONS/RESIDENTIAL ISSUED BY CLERK
5. TENANT EVICTION COMPLAINT
6. SERVICE OF PROCESS SERVED
7. FAX COVER SHEET
8. SUGGESTION OF BANKRUPTCY
9. SUGGESTION OF BANKRUPTCY
10. UNDELIVERED ENVELOPE
11. MOTION FOR DEFAULT
12. MOTION FOR FINAL JUDGMENT FOR POSSESSION
13. AFFIDAVIT OF NON-MILITARY SERVICE
Expert:  MIAMILAW1127 replied 1 year ago.

So what is the question?

Customer: replied 1 year ago.
The bankruptcy gives this tenant automatic extended stay?
Expert:  MIAMILAW1127 replied 1 year ago.

Yes because the bankruptcy is filed in federal court and the action in federal court automatically stays any pending state actions since the federal courts are superior to state courts.

I hope I have answered your questions. If I have not, please feel free to ask any follow-up questions you may have. Also, please do not forget to rate my response at your earliest convenience.

Customer: replied 1 year ago.
what should I do this time ?
Expert:  MIAMILAW1127 replied 1 year ago.

Wait it out until the federal court dismisses the action.

File as a creditor in the bankruptcy to protect the amount owed to you if it is a legitimate bankruptcy. If not, it will be dismissed and the eviction will continue to move forward.

Expert:  MIAMILAW1127 replied 1 year ago.

Please don't forget to rate my response at your earliest convenience. Thank you.

Customer: replied 1 year ago.
How do I know the federal court dismisses the action ? How long it takes ?
How to file as a creditor in the bankruptcy to protect the amount owed ? How do I know it is legitimate bankruptcy?
Customer: replied 1 year ago.
It's not legitimate bankruptcy. Because the tenant filed 3 bankruptcy only in one year with 3 LL already.
Customer: replied 1 year ago.
are you still there ?
Expert:  MIAMILAW1127 replied 1 year ago.

It will show up on the state court docket. It depends on how far the person that filed the bankruptcy pursues the matter.

If it's not a legitimate bankruptcy (which by the facts you are stating, it doesn't seem likely that it is), it should get dismissed in 45 days after filing. You need to complete the eviction during that time.