[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

[AmotoXracer]

You just have to put up with it.

As you know, the law in general protects the weak, from the strong.

Its not likely that they will continue to file bk in an effort to occupy the property, since it actually costs money to file.

[Ben T]

You can file file an application to waive the filing fee, which she did. Also, she filed pro se.

[AmotoXracer]

Originally Posted by Ben T

You can file file an application to waive the filing fee, which she did. Also, she filed pro se.

Wow.
Lucky you.
Sounds like this might not be your best summer ever.


Post how you get them out, once you do.

[Ben T]

Originally Posted by AmotoXracer

Wow.
Lucky you.
Sounds like this might not be your best summer ever.


Post how you get them out, once you do.

Lol! My plan is to hope I get lucky and she doesn't file again. But either way, I'll keep you posted. Thanks for your comments.

Ben

[Ben T]

Just an update. My court date was Thursday AM. The tenant did not file again for bankruptcy, and did not show for the eviction hearing. So I now have a judgment for possession, and a financial judgment. At this point if the tenant does file bankruptcy again, she can't stop my eviction! Only before the judgment for possession. Although she could conceivably wipe out my financial judgment.

Now we're back to waiting. The process is that the court mails her a copy of the judgment. She has 10 days to appeal. In order to appeal she has to put up all the money she owes, not all that likely. After 10 days I can file an execution form with the sheriff's office who will eventually go out and supervise her removal. In the past, anyone I evicted always left prior to the sheriff. This woman? Who knows?

Anyway, I'm just relieved I'm moving forward again.

Ben

[Lubasha]

I am very happy for you and thank you for sharing your experience with us! It will certainly help me with some knowledge if as a landlord I will happen to be in situation like this.

[John Merchant]

It's unlikely she'll file another Bk petition as she's probably been warned by the court that doing so would land her in trouble with the court.

Even if she does, a motion by you to allow you to proceed to evict would likely be granted and see her hauled into court to face the judge's ire.

All BK courts are wise to the "multiple filer" and I've seen 2 or 3 come down very hard on those culprits.

[Ben T]

Originally Posted by John Merchant

It's unlikely she'll file another Bk petition as she's probably been warned by the court that doing so would land her in trouble with the court.

Even if she does, a motion by you to allow you to proceed to evict would likely be granted and see her hauled into court to face the judge's ire.

All BK courts are wise to the "multiple filer" and I've seen 2 or 3 come down very hard on those culprits.

Just thought I'd mention that even if she files another bankruptcy, it does not stay my eviction at that point because I've already got the judgment for possession. It only stays the eviction if they file it prior to the judgment for possession.

That said, I hope the bankruptcy court is wise to this particular individual. She started off with a Chapter 13, and then this was dismissed because she didn't make the payments. Then she filed a chapter 7 in which she filed none of the schedules she is required to file, such as the creditor matrix, financial schedules, etc. So that the court threw that out as well when she didn't meet the dates for filing the schedules.

I was able to get a copy from Pacer of her Chapter 7 filing. Quite a number of lies in it...interesting because she signed the document upon the penalty of perjury.

Ben

[John_Corey]

Ben,

What state is the property in? Just trying to get a sense of the eviction process for the specific state.

[Ben T]

Missouri. Although the bankruptcy part of this is federal law.

[John_Corey]

Originally Posted by Ben T

Missouri. Although the bankruptcy part of this is federal law.

Thanks. I was more interested in the eviction timeline.

[Ben T]

You can file a 'rent and possession' filing,or an unlawful detainer. The rent and possession, once filed, give you a court date about 30 days later. The result of the court date, provided the tenant is delinquent on rent, is a judgment for back rent and possession. Then, the tenant has a 10 days right of appeal, before the landlord can execute on his judgement for possession with the sheriff. Depending on how busy the sheriff is could take another month. In my experience most tenants leave by the court date. But this particular tenant is well past that.

[John_Corey]

Thanks Ben.

[John Merchant]

For benefit of all, BK law for 7 & 13 is different for each state depending on its property laws.

e.g. in the 8 states that have Community Property Law (Google for state IDs) BK decisions must recognize those states' CP law and deal with petitioners' property accordingly.

[AmotoXracer]

You havent lived untill you physically remove somone from your property.

[Natalie-VA]

Oh I've lived!

--Natalie