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Roger
Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Hi its me again with the eviction stopped by bankruptcy.I

Resolved Question:

Hi its me again with the eviction stopped by bankruptcy. I finally going to the 'in rem' relief hearing today at the bankruptcy court. Good news I know, but it just doesn't end.


 


I found out today that they just filed "Ex-Parte Temporary Restraining Order And Temporary Injunction".


 


The have requested the judge to sign an order to stop the writ of possession. I'm not sure what I'm suppose to do? How does this affect me? Is this serious or another delaying tactic? Will this work or not for them?


 


Sorry lots of questions because I did not expect this and I thought it was over when I'll have 'in rem' relief.

Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Roger replied 11 months ago.

Hi - thanks for looking me up again.

 

Was this motion for TRO filed in bankruptcy court?

Customer: replied 11 months ago.

It was filed at the county court.


 

Customer: replied 11 months ago.

Our original hearing for 'in rem' relief was September 5, but the judge called my attorney this morning requesting to see them right away.


 


It seems like the judge read our motion and was very unhappy with the serial filing. It seems like a good chance we will get 'in rem' relief. This is such a relief!

Customer: replied 11 months ago.

The TRO was filed last week, but the judge has not signed off on their request order to stop eviction.


 


My attorney told me it is the same judge that has been giving us writ of possession over and over again, so he knows about our case. The judge knows that the previous owners are playing games to delay eviction.


 


Do you think he will not sign off on the order because he knows about our case?

Expert:  Roger replied 11 months ago.

Ok. Thanks for the information.

 

If it's the same judge, then it is very unlikely that he will enter an order stopping you from being able to evict the tenants. Even if he were to do so, once you receive your in rem order from the bankruptcy court, you could file a motion to vacate the TRO based on the authority of the bankruptcy order - - which will be to proceed with the eviction regardless of any further court actions, bankruptcies, or other attempts to stop the proceeding.

 

Thus, I wouldn't sweat this too much. Go to court and get your order, and then proceed with the eviction. If you need to respond to the motion for TRO, do so by providing the court with your in rem order from the bankruptcy court.

Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26008
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Customer: replied 11 months ago.

The TRO states that he is suing the banks along with me for wrongful foreclosure.


 


Not sure if this makes a difference. My attorney will submit a response later today.

Expert:  Roger replied 11 months ago.
If that's the case, the person could ask the court where this lawsuit is to enter a tro - not the court where the eviction was filed. It doesn't make a lot of sense to me. The whole thing just sounds odd.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26008
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 11 months ago.

I'm not too sure but I think its just a delaying tactic that might not work out for them.


 


I'll come back if I have any updates or more questions. Thanks!

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