 |
|
| Browse | Ask | Answer | Search | Join/Login |
|
|
||||
|
Tenant / Bankruptcy/ eviction
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?
|
||||
|
||||
|
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. |
||||
|
||||
 Originally Posted by rickj
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. |
||||
|
||||
|
?
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. |
||||
|
||||
|
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
|
||||
| Question Tools | Search this Question |
Add your answer here.
Check out some similar questions!
What is required by the court in the state of Michigan for a listed Tenant to Evict a non listed Tenant on a lease/land contract when the non listed Tenant pays the monthly rent, and all utilities are in non listed tenants name at the residents and both have been a resident from day one and the...
I am considering renting to a person who declared bankruptcy last year. Credit report shows the problem stems from charges made in 2002 and in prior years. Her advisor recommended she declare before the laws changed last year. Credit report shows she no longer has any credit cards and has had no...
Hi I really need help I bought a house for 30,000 from a lady we have just a one simple page contract basically states I paid 15000.00 dollars down In April 05' and then make payments of 400.00 a month for 36 months Contract has no sell as is in it because at time of sale we the lady homeowner...
:confused: :confused: I have a rental house and the person on the contract has a wife and she has a son that is her not his. Her name is not on the contract. He wants her out. How do I go about doing this? Any help would be great. Not sure what to do in this situation. The house is in Indiana. ...
Can you please tell me how to evict someone for non payment for a home they were buying for me in Texas. The payments were made directly to the bank, and I didn't find out they were three months behind until the bank called to say they were going to foreclose if I didn't catch the payments up....
View more questions Search
|
