Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My tenant owed back rent $9,400, then she filled for

My tenant owed back...

My tenant owed back rent $9,400, then she filled for bankcruptcy chapter 7. She Continued to stay without pay. I have filled A Motion Request Relief from Staying. Hearing date tomorrow 6/26 at Camden Bankcruptcy Court. How can I possess my property ASAP.? Please advise.

Lawyer's Assistant: What state is your tenant in? It matters because laws vary by location.

New Jersey

Lawyer's Assistant: What steps has your tenant taken so far?

I got the letter from US bankruptcy court that Tenant filed 4/25/18, 341 meeting 6/11/18. I filed Motion for Relief from stay 6/5/18. Tenant Deadline for objection to discharge 8/10/18 and deadline for financial mgnt course 8/10/18.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to get my property back, to sale it due to my sickness conditions

Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 1 month ago
What I need to tell the Judge on hearing motion tomorrow? I want my property back.
Answered in 7 minutes by:
6/25/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,203
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Legal Question

I'm sorry to hear about your situation. The first thing to understand is that there is no bullet proof method of doing this. It really just depends on how persuasive your argument is as to why you should be exempted from the law that says that you should be relieved from the automatic stay.

Generally, there are some things that could be of some help in your presentation of the motion:

1. Explain how you will be unfairly prejudiced if they cannot proceed with trial as scheduled. For example, you could say that this is the only place for you to live or that you will go broke without being paid back rent.

2. That the debtor won't be prejudiced by lifting the stay.

Basically, if you can convince the judge that this is an exception that must be granted and that getting the property back is the only way to ensure justice is done, then you will be in very good shape.

Because I value your input, I would like to know what other questions did you have for me today that I can help out with:-)?

Ask Your Own Legal Question
Customer reply replied 1 month ago
please, I already submitted my hospitals stay to the court, also included the letter to tenant in January, I have sent letter "30 day Notice" to Tenant regarding I need to sale my property.

Great news. Did you get a chance to see what I put? What questions did you have for me about that?

Ask Your Own Legal Question
Customer reply replied 1 month ago
Could you please give me more details how to convince the judge about this unfair situation. I got a big lost.

I could, but you may have to help me understand why it's unfair. What reasons do you have that you think would give you justice in this situation?

Ask Your Own Legal Question
Customer reply replied 1 month ago
Actually, Tenant got the Eviction date on 4/26/18. But they filed for bankruptcy and continued to stay without pay. Is that unfair? I was en up in hospital twice because of stroke and heart fails. Why I can't get my property back to sale it?

I see what you mean. So, although morally and ethically it's unfair, legally, they are allowed to file for bankruptcy. It's up to them to prove to the court that they don't have the means to pay back their debts. In your case, do you need to move back in?

Ask Your Own Legal Question
Customer reply replied 1 month ago
I have to accept the lost of back rent, the stupid things that listen to tenant's lawyer and waiting for tenant WC settle case and then when they got money, they just filed for bankruptcy and pay me nothing. I just want to get my house back.

I see. I'm sorry to hear about that. So, here's what you could do:

1. Explain to the court you lawfully evicted this person. You can explain how much back rent was owed. Explain how many times you provided notice in writing and orally to the tenant;

2. Tell the court that the debtor only filed this not because they qualify, but only to avoid having to pay you back as a creditor

3. You could explain that this is a debt less than $10,000, and as such could be paid back over time and installments.

4. You could also say that because you can't get them off the property, you still have to pay for the upkeep, but are not getting any rent.

5. Explain that you have had some physical disabilities that have made this unusually stressful on you.

Ask Your Own Legal Question
Customer reply replied 1 month ago
During my sickness time, I have transfered this rental house to my son name. Is that reasonable to tell the judge or it's more complicated for my case?

It may complicate things. I'd leave that out and just say that he's been helping you manage the property:-)

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,203
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,203
14,203 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
In New Jersey. Defense has not responded to deemed served
I am Pro Se in New Jersey. Defense has not responded to deemed served interrogatories, despite over 15 request since January. Discovery was extended once for 60 days, by my and defense consent without… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,387 satisfied customers
Ray, please continue help me in an attempt to collect a
Ray, please continue help me in an attempt to collect a judgment from debtor/builder. Please first note the following events: 2/1/18 (3rd supplementary hearing) --- a) defendant did NOT show up (only … read more
Ray
Ray
Lawyer
Doctoral Degree
33,786 satisfied customers
I was looking for a template to file answers to Opposition
I was looking for a template to file answers to Opposition to Motion for Relief From Automatic Stay … read more
Ray
Ray
Lawyer
Doctoral Degree
33,786 satisfied customers
I have filed Chapter 13 bk in pro per and need some
Hello I have filed Chapter 13 bk in pro per and need some assistance I have completed my filing but this is my 2nd filing within 1 year due to my cancer I was unable to complete my 1st filing. We were… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
I am in process of a tenant eviction, I had a court date on
I am in process of a tenant eviction , I had a court date on 6 28 2017, I agree to accept partial payment cancel court as tenant promised would keep up on payments . however tenant fell behind and I f… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,256 satisfied customers
My tenant, on the last day of the 5 Day sheriffs eviction,
My tenant, on the last day of the 5 Day sheriffs eviction, filed an ex-parte hearing. He had hired an attorney and basically wanted a stay for the Writ, and hardship. Just before the hearing, his atto… read more
Legal Eagle
Legal Eagle
Lawyer
Doctoral Degree
14,203 satisfied customers
I have a notice to vacate and they want me out by tomorrow.
I have a notice to vacate and they want me out by tomorrow. I have expressed that I am willing to cooroporate and pay partial rent that is owed in good faith to give me some kind of extension. But the… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I reside in Collin county texas - my HOA is battling with me
I reside in Collin county texas - my HOA is battling with me over some fees and we are military, long story short they took me to court however I was incapacitated medically (major car accident 6/9/16… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,555 satisfied customers
Because I have not been able to get to writing a response and/or
Because I have not been able to get to writing a response and/or amended complaint for my federal lawsuit I am asking how I can get an extension on time? I also was considering hiring an attorney and … read more
Maverick
Maverick
Doctoral Degree
6,327 satisfied customers
Hi Ray, I took your advise and revised the document by removing
Hi Ray, I took your advise and revised the document by removing the untrue information, signed it and returned it to the plaintiff's attorney. I am forwarding these emails that transpired after doing … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Plaintiff filed an APPLCATION FOR PERMISSION TO FILE EMERGENT
Plaintiff filed an APPLCATION FOR PERMISSION TO FILE EMERGENT MOTION with the New Jersey Superior Court, Appellate Division and motion was granted. Plaintiff application form question one. 1. What is … read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
i filed a ex parte hearing im the defendant and the petitioner
i filed a ex parte hearing im the defendant and the petitioner was properly served on friday but did not show up on monday. the judge called on the court phone and ordered them in court at 130 today, … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
extension request for a civil case in tulsa ok. IN THE DISTRICT
extension request for a civil case in tulsa ok. IN THE DISTRICT COURT IN AND FOR TULSA COUNTY, OKLAHOMA. No. CJ-2004-4288 (Civil relief more than $10,000: WRONGFUL DISCHARGE) Filed: 07/09/2004 Closed:… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
Need Landlord/Tenant Expert. I just evicted a tenant on
Need Landlord/Tenant Expert. I just evicted a tenant on Tuesday in Gloucester City, NJ (Camden County). The tenants left the premisis and their belongings (e.g., TV's, couch, etc.) What are my Landlor… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Hello- I was issued a severence check from my company with
Hello- I was issued a severence check from my company with a pay date of 10/23/2009. I deposited the check (hold placed until 10/31/2009 because of the amount. I have learned that the company filed ba… read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,438 satisfied customers
I received a motion to abandon asset in reference to a chapter
I received a motion to abandon asset in reference to a chapter 11 bankruptcy case. It states the the debtors have a purchase money mortgage by a first mortgage for my wife and I for 20,857.00. And the… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,183 satisfied customers
New Jersey/Camden County I had a medical default judgment
New Jersey/Camden County: I had a medical default judgment vacated this week. It dated back to 1998 when I was unable to pay a hospital medical bill. The hosptal apparently has no record of my account… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
i am in chater 13 pro se and i missed my 341 hearing. what ...
i am in chater 13 pro se and i missed my 341 hearing. what should i file to reschedule? or what should i do?/my car was repoed also and they said because i am chapter 13 they would give it back if i s… read more
JoeLawyer
JoeLawyer
Attorney
Juris Doctorate
753 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x