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Updated over 7 years ago,

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1
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Charles McNally
  • Brundidge, AL
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Eviction and Chapter 13 Bankruptcy

Charles McNally
  • Brundidge, AL
Posted

I'm trying to evict a tenant for non payment of rent. I served the 7 day notice and was about to file an Unlawful Detainer, when she tells to me to "go ahead and waste your money, but you'll have to get permission from the bankruptcy court first". I did a public records search, and it turns out she filed chapter 13 and the plan was approved before she even moved into and signed a lease for my property. My question is, do I have to file a "motion for relief of the automatic stay" since I was never a creditor on her bankruptcy?

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