All Forum Posts by: Vanny S.

Today Judge has given them 14 days, after that i can proceed with eviction.

Well, I just went to the 341 meeting yesterday. After the trustee put a hold twice , they did not show up and now they have a reschedule date for next month. I asked the trustee if i can proceed with the eviction because i have a writ of possession from magistrate court and that they filed BK after the writ. He told me i cannot proceed since they filed chapter 7 regardless of before or after the writ. I filed for motion to lift the automatic stay and that court hearing is tomorrow. 

Now my concern is if i go to the hearing tomorrow and not get the stay lifted, they will get another month free. Even though i am no trying to collect any past rent or any kind of debt from them. I filed eviction because of 1.) Overdue rent. 2.) illegal subleasing 3.) original lease has ended. I will definitely hire an attorney if i don't get it lifted. 

Has anyone had any experience with this kind of hearing and what can i say or do to convince the court to lift the stay?

I went ahead and filed for motion for relief from automatic stay. I don't know if they have an attorney. After i filed, the clerk told me to wait about a week and I will get a letter and i guess thats when there is a 341 hearing and what not. I just hope the situation doesn't get anymore complicated. Thanks D. Snook.

I won a judgment for my tenant to move out in 7 days. well on the 7th day they filed chapter 7 and letting me know that they have 30 days to stay and not to harass them. I am not wanting any money from them , which is over $2,500 not including court fees. I just want them out. So I don't know why they filed for BK. 

I went back to magistrate court and ask if they are allowed to stay. After getting 3 different answers , A supervisor told me No, since they filed after judgment and that i have a writ of possession (blue slip) i can go file for the sheriff to come assist. Then the Sheriff recommended me not to file until their bk case is finish. I spoke to a few property manager and told me the same. I am getting so many different answers, and don't know what to do. 

I am planning to go to the courts where they filed BK and file for a Motion to lift the automatic stay. I was wondering if i am doing the right thing or should i just get an attorney? I really don't want to hire an attorney, I feel that i am on the right path by filing for motion to lift. 

Any help will be greatly appreciated.