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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118077
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Im facing eviction this Monday I filed bankruptcy, they

Customer Question

Im facing eviction this Monday I filed bankruptcy, they re-filed for the eviction. Im not trying to stay I just need a few more days to move is there a way to ask for that, im in MO
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In the eviction case, you need to file for a "Stay" in the MO court and attach proof of your bankruptcy as grounds for the stay. Under Bankruptcy law, an automatic stay is enacted by the filing of BK and you need to present that proof to the court in MO where the eviction was filed and they will stay the eviction proceeding.
Customer: replied 1 year ago.
I take the copy in to the court personally and file for the stay
Expert:  Law Educator, Esq. replied 1 year ago.
thank you for your reply.
Yes, you need to file a motion to stay the eviction based on the automatic bankruptcy stay.