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RONB-ESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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You answered my question before. This is. You mentioned I

Customer Question

Hi Roger,You answered my question before. This is a follow up. You mentioned I can file a "in rem" can you explain what that is, whether I file at bk court or to the judge at the UD bench trial date? Can you send me a link to the form?My tenant who I filed a UD suing for possession of my property (not back rent) filed a bk one day before our court date as a tactic. Her bk case was dismissed after 14 days as she never filed ANY paperwork. Also since I did not sue her for money, I was not even listed as a creditor on her filing,however, she still use that and filed an automatic stay on our trial date, that was a month ago. Now I'm worried since a person can file as many bk as they want, I suspect she will highly likely file again, ONE DAY before our court date again (which is March 3rd). Is there anyway when I see the judge I can show the motion to lift stay I filed in bk court and get a judgement? She did not appear in court last time, and she had not returned ANY of my daily phone calls or text messages, so I know most likely she won't show up in court on March 3rd. IF she doesn't show up on that date and I have filed a motion to lift automatic stay, will the judge grant me judgement and writ of possession since I can prove she is abusing bk law?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  RONB-ESQ replied 1 year ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

I note that you requested Rodger so I am happy to opt out if you would like to wait for Roger. I can likely go back and look at your previous question and I can provide helpful information as to your question above.

Please let me know either way.



Customer: replied 1 year ago.
I would like to see your answer. Thanks.
Expert:  RONB-ESQ replied 1 year ago.

It sounds like your key concern is regarding the tenant from filing again just as you again try to evict. You should note that if she file twice in a one year period the stay only last 30 days unless extended by Court after request by party. If she files threes times in a one year period there is no automatic stay unless the Court imposes it after debtor requesting it. See go to the very bottom after section 28 and you will see the language as to the stay ending after 30 days. This was brought about by the bankruptcy reform act of 2005. You should also note that since 2005 if you can get a eviction judgment granted before she files for bankruptcy then the stay does not impact you. The goal here is to probably move fast and show judge a copy of the bankruptcy dismissal.

Let me know if you have any follow up questions.