QUESTION
Does the bank have to file a new motion for writ?
Asked on Apr 28th, 2012 on Bankruptcy - Texas
More details to this question:
I am facing a lockout this Monday am, April 30, 2012 because in UD BK status hearing, bank claimed to have received a "lift of stay" from BK court resulting in writ for possession of my home. Meeting with trustee was scheduled at same time so I was not present at this status hearing. Relief from stay not granted due to dismissal of BK. This was for a PREVIOUS BK, not the current one. I was under stay when writ was was given and have ex-parte this Mon. , SAME TIME as LOCKOUT. Question is: Since BK filing was BEFORE writ of posses., will eviction be stopped even if BK case was just dismiss last wk? I filed UD response but no UD trial yet. Doesn't writ for poss. have to come out of UD trial, not BK status hearing. Does bank have to file new motion for writ?
1 ANSWER
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Once a bankruptcy petition has been filed, the court has jurisdiction over any related matter. The writ for possession appears to be valid. You are no longer protected by the automatic stay because the stay was lifted when your BK case was dismissed by the court.
Answered on May 02nd, 2012 at 1:43 PM