QUESTION

If sheriffs gives me a 5 day notice can I file for emergency bankruptcy?

Asked on May 11th, 2012 on Bankruptcy - Texas
More details to this question:
If sheriffs gives me a 5 day notice can I file for emergency bankruptcy to grant me at least 15 more days to relocate?
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8 ANSWERS

Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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Using a bankruptcy to stop a forcible entry and detainer is overkill. You cannot get a bankruptcy off your credit by dismissing it. Bankruptcies need to be filed with forethought and done very carefully. See if the new owner will give you more time by you paying rent for the period that you need.
Answered on May 17th, 2012 at 11:14 AM

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Bankruptcy Chapter 7 Attorney serving Los Angeles, CA at Bereliani Law Firm, PC
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Filing bankruptcy will not stop an unlawful detainer action (which I am assuming is what you are talking about). It may just stall them a couple weeks, but that's the most. You can try that option, especially if your main purpose in filing is to get rid of debt, as well.
Answered on May 16th, 2012 at 12:34 PM

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Securities Attorney serving Rochester, MI at Olson Law Firm
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If you are just looking for 15 days delay, then filing bankruptcy is a terrible idea. Between the work involved in preparing the schedules, taking the pre-filing course, paying the filing fees.. you will save a lot of money by finding temporary housing for 15 days somewhere else.
Answered on May 16th, 2012 at 12:33 PM

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Barbara A. Fontaine
Yes- Do it today!
Answered on May 16th, 2012 at 12:11 PM

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Bankruptcy Attorney serving Kalamazoo, MI at Debt Relief Law Center
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When a bankruptcy case is filed, a "Stay" goes into effect against all creditors. However, there might be a legal argument made that if you living in the home after the eviction order has been entered, that you have no legal right to the property at this late point in time. So the answer is maybe, my guess is you would get the 15 extra days.
Answered on May 16th, 2012 at 11:57 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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It takes me about a month to get all the paperwork ready to file with the bankruptcy court. If you can file an "emergency bankruptcy" and you think that will enable you more time to relocate, then go ahead and do it. An automatic stay pursuant to federal law will be in effect on the moment you file a bankruptcy. This means that no creditor can proceed with an action in State court. The sheriff has already given you a 5 day notice. But I do not know what the notice says. If it says you have 5 days to vacate, then you should vacate. Filing bankruptcy is not something you can just go an do so that you have more time to move. It is a very serious decision for which you need competent legal advice. The law changed back in 2005 so that people who are going to file bankruptcy must first go over their financial circumstances with an approved consumer credit counseling agency, and get a certificate saying that they have done so.
Answered on May 16th, 2012 at 11:31 AM

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Family Law Attorney serving North Kingstown, RI at Law Offices of Nelson Brinckerhoff
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You can file prejudgment, but landlord can proceed with eviction process if he gets court to lift automatic stay which will be granted. See a lawyer.
Answered on May 16th, 2012 at 11:30 AM

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The filing of bankruptcy will prevent all creditor actions against you unless they can get the court to lift the automatic stay against collections. At a minimum, it should give you a few more days to relocate.
Answered on May 16th, 2012 at 11:26 AM

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