[Ben T]

The situation is that my tenant made a partial rent payment in April. So after a period of time went by, I filed an eviction. The tenant waited until just before the court date, and then filed a Chapter 7 bankruptcy. I contacted an attorney specializing in bankruptcy, who filed a motion for relief of stay. Basically what this does is ask the bankruptcy court to release the property from bankruptcy. The attorney recommended that I go to the landlord court and ask for a 30 day continuance, which I did. Later that day, and 2 days after I had filed my motion for relief from stay, the bankruptcy court threw out the tenants bankruptcy because she had not filed various schedules, and matrixes.

So now we were at June 7th. At that point the tenants bankruptcy had been thrown out by the bankruptcy court, but I had continued the eviction until July 7. So the tenant has continued on in the property without payment, and I am waiting for my court date a few days from now.

Meanwhile, it occurred to me that the tenant could file her bankruptcy again. If she does this in the next couple of days, it would stop my eviction again.

So assuming I am correct that she can refile bankruptcy, is there anything I can do to stop this so that I can complete my eviction? Once I have a judgment for possession, she can file bankruptcy and it will not stay me completing my eviction in terms of gaining possession, using the sheriff if necessary.

I'm beginning to wonder what stops this tenant from continuing to file bankruptcy, but in such a way that the court throws it out. This stops my eviction, and has the potential of keeping me from going to court.

Anyone been involved in this type of thing? Thanks for any comments.

Ben