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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12419
Experience:  JD, MBA
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After I filed a conviction again my tenant, ...

Customer Question

After I filed a conviction again my tenant, one day after, he filed bankruptcy at US bankcruptcy middle florida court. The Judge of the Eviction court already issue the writ of the possession but the tenant file a motion to stay and the Judge Granted it. They still stay in my house. What should I do NOW?
Submitted: 9 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 9 years ago.

Hello and thank you for allowing me to address your legal question.

When the tenant filed for bankruptcy, an automatic stay was put in place even if the trial court had not yet stayed the eviction proceeding itself. The automatic stay precludes the trial court from continuing with the eviction suit. However, a bankruptcy filing and automatic stay will not prevent an eviction if the landlord files a motion to lift the stay in the bankruptcy court (i.e. not the trial court) and the motion is granted (which it should be upon a showing that the lease was violated). Once the stay is lifted by the bankruptcy court, you can take the order to the trial court and ask that the trial court lift it’s stay as well. You may then continue with the eviction.

If the information that I provided was helpful, please remember to ACCEPT my post as that is the only way I will receive credit and compensation for my answer. However, please understand that my answer is meant for informational purposes only and is limited by the facts presented. Therefore, it should not be construed as “legal advice” and is not an adequate substitute for the retention of legal counsel. Thank you and good luck!

Customer: replied 9 years ago.
Reply to BoredAtty's Post: where I can get the form or sample motion to relief automatic stay?
Expert:  TJ, Esq. replied 9 years ago.
A quick Google search turned up this actual example found HERE. But I can't endorse it or say whether it's good or bad (I don't have a clue as to the facts of that case). If you can't find a usable sample on the internet, then you may have to hire an attorney to draft one for you.

I wish you luck. Please remember to accept my post. Thank you.