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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31384
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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REO occupied - previous owner files bankruptcy

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Hi, its me again with the REO occupied and the previous owners filed for bankruptcy to stop the eviction.


 


 


 


This Wednesday would be the deadline for the previous owners to move out, but I went by and there seems to be no sign of them moving anywhere. My attorney told me that our previous writ of possession has expired, so we would need to get a new one issued which could take a month.


 


 


 


You told me that we won't necessarily have to get a new order. I'm not too sure what to do right now. How can I get the sheriff to evict them out of my property as soon as possible?


 


 


 


My attorney also recommend filing a motion for contempt with the federal court to put the previous owners in jail. I'm not too sure on that, but I want to know what you think.


 


 


 


I'm also very afraid that he may appeal or refile for bankruptcy, so there will be automatic stay again. Then I'll have to run around in circles to get it to be lifted.


 



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?
Customer:

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?

Customer:

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.
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