Tenant / Bankruptcy/ eviction

cliffdar · #1 Jun 30, 2006, 10:14 AM

How many times can a person file for Chapter 13?? I have a tenant that has filed Chapter 3 times since Oct. 2005. They are late with the rent and owe back rent. I would like to get the tenant to vacate the premises. Any idea on how I can do this and what is my next step??

RickJ · Jun 30, 2006, 10:18 AM

That cannot be correct (filed 3 times since 10/05). Call his attorney to confirm the scoop.
Ch 13 is a repayment bankruptcy. Have you been receiving payments?

When was the last time you received a payment either from the tenant or the bankruptcy court?

I should think you could have filed bankruptcy long ago - but let us know on the above and we might be able to add more.

cliffdar · Jun 30, 2006, 10:53 AM

Quote:

Originally Posted by rickj

That cannot be correct (filed 3 times since 10/05). Call his attorney to confirm the scoop.
Ch 13 is a repayment bankruptcy. Have you been receiving payments?

When was the last time you received a payment either from the tenant or the bankruptcy court?

I should think you could have filed bankruptcy long ago - but let us know on the above and we might be able to add more.

Yes, They have 3 Chapter 13 since Oct. 2005 and a Chapter 7 in 2001 that was discharged. The Chapter 13 are dismissed because they have no attorney and do not follow up an all the filings. I have filed for 2 "Relief of stay", one they made payment the other was thrown out by Judge, My attorney filed wrong paper on Military statis. The rental lease expired May 31, 2006. They still are living in the house.

RickJ · Jun 30, 2006, 11:01 AM

??
So you have an attorney who files your evictions for you and he can't get it right? What do you mean wrong paper on Military status?

Sounds like an attorney who is not communicating well with you is the real problem. If the Bankruptcies have been dismissed then your tenant is not bankrupt...which is the same as never filing at all.

Refile the eviction - you should have no problems if you're using a competent attorney.

cliffdar · Jun 30, 2006, 01:22 PM

As I understand it from what I have read and info from the courts, before I can serve them with an eviction notice, I have to get a "Relief from Stay" from the bankruptcy court. My attorney used the same form for the "In The Military" that he used month ago, but this time the Judge did not like it. On May 10, 2006 the Judge dismissed the case, I gave them a 3 Day notice, (as required in Colorado). On May 12, 2006 they filed again Chapter 13 and that set everything back to square one.. I refiled another "Relief of Stay" on June 2, 2006 the one the Bankruptcy Judge didn't like. This has been going on since Feb. 2006



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