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Ask Brent Blanchard Your Own Question
Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1975
Experience:  Twelve years experience in all aspects of debtor & creditor BK.
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Customer Question


I know that when it comes to a lock out (eviction) there is a rule that says if a “RENTER” files a Bk to stay the lockout he has to have done that before the judgment was rendered.
Now in this situation the sheriffs were just served the BK today and the Sheriff said just what I have said here about the bk not being filed before the judgment (note the lock out is tomorrow and the BK was just served) the Sheriff was informed that that rule does not apply here do to the fact that bk was NOT being done by a renter
The BK is being done by the owner that was 4closed on.
“A Church and the church (a corporation) filed the Bk”
Yes it’s a Church that the back is kicking out.
Is there any code that addresses this issue? If so please send it to me
ALSO if you can please send the one about the renter having to have filed before the lock out
Thank you
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Attorney2020 replied 4 years ago.

Attorney2020 :

Bankruptcy Abuse Prevention and Consumer Protection Act [119 Statute 23, 2005] This statute allows a landlord to evict a tenant if the landlord began the eviction proceedings before the Tennat filed for bankruptcy. As for the Landlord filing for bankruptcy, the Tenant would have the same righst as they would against the new Owner/Lender. However, if teh Tenant has not been paying any rent and is evicted for tah reason, and has not filed for bankruocty, it would be difficult to convince a judge that the Tenant shopuld be allowed to still occupy the premises. Additionally, I am unaware of any code thawould allow a Tennat to occupy the premises once evicted after the Lanldord files for BK.

JACUSTOMER-qrzfe4xo- :

your answer is about 50% less info then what i know. i was looking for much more sorry to say

JACUSTOMER-qrzfe4xo- :

also i find this happening many time here on this site lately WHY = well the more you guys answer the more you make

JACUSTOMER-qrzfe4xo- :

but you know what that is not the idea and u upset me by wasting my time daaaaaaaaaaaaa and now ot get an answer i have the re-write my whole question in a new way or the site will kick it out THANK YOU!!

JACUSTOMER-qrzfe4xo- :

i do not need u to try to make it up now .. really no joke im telling u like it is ,, u r not right to just add up answer to make a buck with very little thought or real input into a real answer

JACUSTOMER-qrzfe4xo- :


Expert:  Brent Blanchard replied 4 years ago.
We like to make sure that our Customers are satisfied here.

Since it has been a few days since the last exchange, would you like to continue?

Thank you.

Expert:  Brent Blanchard replied 4 years ago.
If you wish to continue, please clarify for me how the prior answer missed the mark (so I don't follow down that path) and what you are specifically interested in learning about BK law.

Thank you.


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