Kirk Adams : Hi -
Kirk Adams : This is just the never-ending story for you, isn't it?
Kirk Adams : I know that the previous owner filed bankruptcy, but didn't you get an order lifting the stay?
Kirk Adams : Are you saying another bankruptcy was filed?
I got an order lifting the stay and ordering the previous owners to move out by this coming Wednesday, but when my attorney called the sheriff's office. They told her that the writ of possession was expired and that we need to go to county court to get another writ of possession? Do we have to do this all over again? The bankruptcy court judgement stated that they needed to move out... would the sheriff just accept that judgement so we wouldn't have to go through county court and wait a month?
Also, would it be possible for them to refile for bankruptcy and get another automatic stay to stop the eviction even though we have lifted the stay from this current bankruptcy case?
Kirk Adams : Usually, the writ of possession from county court is required, but because of the language in the order the judge entered, I think you could argue that it's not necessary. However, if the sheriff will not accept the bankrupt y
Kirk Adams : bankruptcy courts order, then you may have to.
Kirk Adams : It is possible for the previous owner to file another bankruptcy, but it's not likely that the automatic stay would apply - it usually d
Kirk Adams : Doesn't on multiple filings.