Relief from Stay
You were evicting your tenant and you found out that the tenant filed a bankruptcy petition.
So what do you do now? Answer ….nothing. Federal law prevents you from taking any action to continue your case, or even asking the tenant to pay you any money or even to move out. You have to wait for the bankruptcy case to be discharged or dismissed. That could be months-even years.
Therefore, short of waiting possibly for months for the bankruptcy process to run its course, you must get a court order permitting you to continue your eviction lawsuit. This requires a separate filing with the United States Bankruptcy court, quite apart from your civil unlawful detainer case. This can be a confusing thing for most landlords, even if you have handled your own eviction filings in the past.
The filing must be made correctly, and an error will cause your motion to be rejected, and you will lose time and money starting over.
Fortunately we can make this motion and filing for you. We do it all for you. You will simply need to attend a brief court appearance (or maybe not at all) to get your order issued. Once the order is issued you will be able to continue your eviction case as normal.
The cost for preparing and filing your motion including the filing fee is $500.00. Time frames (as well as exact procedures) vary from judge to judge. Usually we can arrange a hearing date within 30 days.
To arrange to start the process simply call us at 800-420-9938 and we will take in your case (we will need copies of all court documents to date) and get the motion started right away.