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Newlandlord16

Tenant barred from filing BK?

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Hi, I have a tenant that has avoided paying rent for a year now by filing repeat BK 13. Finally got an order to lift stay and the trustee got the last one dismissed and

also had a motion to barr him from filing anymore BKs. Well the judge ordered he was barred and case dismissed and I could go on and get a writ of possession finally,

 

He is barred from filing further petitions of BK the judge ordered in those words. But he had always filed a chapter 13. Is there anyway he could go back and file a different

chapter, like a 7 just to get more time in my unit? Or since the Judges exact words are barred from filing further petitions for a year he is finally done and cannot use the

BK law to avoid staying rent free anymore. I know it seems pretty straight forward what she ordered, I am just paranoid he will find a way around it to file somehow again.

 

Thank you for any replies!

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2 minutes ago, Tax_Counsel said:

It depends on exactly what the order states. But if, as it sounds, the court determined he was abusing the bankruptcy process, the order likely prevents him from filing any bankruptcy petition.

 

The exact words in the order are: " barred from filing further petitions for a year " So it sounds like he can't go back and file 

another chapter either then?

 

I assume he could appeal the BK Judges decision? Seems one can do that. That would buy him more time as I guess

I wouldn't be allowed to continue with the writ of possession till that was heard?...Just thinking through all scenarios..

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12 minutes ago, RetiredinVA said:

Stop overthinking.  Get your writ now and hand carry it to the sheriff!

 

Well we still have to go back to municipal court to have them rule on the eviction since the original hearing was stayed due to BK. So we have not obtained a ruling on the eviction from municipal court  yet  as he always filed and got the hearing stayed.. So we have filed an order to have the eviction hearing proceedings reactivated per the BK Judge lifting the stay. 

And this is why I am concerned of course because of the time to get another court date set for eviction he could file all these things again in the meantime.

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Hi @Newlandlord16

 

Thanks for your post and sorry to hear about the situation with your tenant, that sounds extremely frustrating! Glad to hear that you have taken steps to get the eviction action rolling again, and it is understandable that you have concerns that your tenant may try to file another petition to avoid eviction. Are you currently working with counsel?

 

The FindLaw.com Team

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2 hours ago, FindLaw_RE said:

Hi @Newlandlord16

 

Thanks for your post and sorry to hear about the situation with your tenant, that sounds extremely frustrating! Glad to hear that you have taken steps to get the eviction action rolling again, and it is understandable that you have concerns that your tenant may try to file another petition to avoid eviction. Are you currently working with counsel?

 

The FindLaw.com Team

 

 

Yes I am but it seems he went and filed an appeal as I feared today to the BK court. My attorney had mailed in the request last week with our check to municipal court to reactive proceedings and I assume the clerk had not gotten to it yet. So we just got notice the tenant or debtor filed for an appeal of the BK dismissal hearing and for a stay to be in effect while the motion is being considered. So since my attorney is not a BK attorney I am not sure what actions she will  take from here. Unless we have no choice now to wait to see what the BK Judge rules on his appeal..or if that appeal now gets set before a hearing..

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On 11/21/2016 at 7:22 AM, Newlandlord16 said:

The exact words in the order are: " barred from filing further petitions for a year " So it sounds like he can't go back and file 

another chapter either then?

 

Obviously, that is only a partial quote, but I do not think your interpretation is accurate.  While your attorney may not be a BK attorney, he/she certainly ought to know how the BK case impacts your case.  If he/she doesn't, then you ought to consider firing him/her and hiring someone who knows what he/she is doing.

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Hi thanks for your answer...so are you saying that could mean he could file a different chapter still even with the ban in effect?...here again is exactly how it is worded on the BK document.

 

"The Court further orders that debtor be barred from filing further petitions for relief for one (1) year from the date of this Order" ..

 

I would think that means any chapter being filed..and yes I am trying to see what actions now I can take to get a new lawyer....

 

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On 11/26/2016 at 10:13 AM, Newlandlord16 said:

"The Court further orders that debtor be barred from filing further petitions for relief for one (1) year from the date of this Order" ..

 

I would think that means any chapter being filed.

 

I agree.

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Ok we got the municipal court to reactive the eviction hearing procedures with a date in 2 wks....I do know the tenant filed an appeal to the dismissal and ban though as we got a copy but my lawyer went ahead and refiled anyway for the eviction hearing to be reactivated.

 

So I am not sure if the appeal will stay the new hearing date or not...guess we just wait to see if he sends a copy to municipal court and what they do if he does..again I am not sure if an appeal will stop all hearings set against the tenant till the appeal is heard or not??

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On 11/29/2016 at 0:05 PM, pg1067 said:

Whether or not to stay the case further because of the appeal is up to the judge.

 

Ok I see well the appeal was just filed no rulings yet from the BK Judge, So I would assume then we can go on with the eviction hearing that's scheduled while waiting for the BK Judge to rule. 

 

As the tenant has faxed a copy to the municipal court showing they filed an appeal and asking the Civil Judge to stay the eviction hearing till the appeal was heard, but so far the Civil Judge has not and our court date is still set for Dec 14...unless of course that changes...

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Whether or not your eviction hearing will go forward will be up to the judge handling that hearing, not the BK judge (although he could also seek a stay order from the federal district judge who handles the BK appeal).

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2 hours ago, pg1067 said:

Whether or not your eviction hearing will go forward will be up to the judge handling that hearing, not the BK judge (although he could also seek a stay order from the federal district judge who handles the BK appeal).

 

Well the motion he sent to the BK for appeal we got a copy it also was a request to reinstate the stay....but I think if we get the eviction case won before the Bk appeal is set or heard and as long as the civil judge doesn't stay the case then we are ok.

 

So far the civil judge hasn't stayed it but he just sent that over yesterday is what we were informed of by them. Not sure why the civil judge would stay it since the BK has not ordered anything as of yet on it, so we should be free to pursue or hearing.  But then again I guess he could if he doesn't want to risk a hearing while someone is dealing with BK...guess we will find out either tomorrow or next week.

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