QUESTION
Will a Chapter 13 Bankruptcy motion help me get relief from automatic stay?
Asked on Aug 08th, 2012 on Bankruptcy - New Jersey
More details to this question:
I fell behind with my rent payment for July 2012 and the landlord has filed a motion to get relief from the automatic stay. Do I file an objection or is it a waste of time and I will be evicted anyway?
11 ANSWERS
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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If your plan contemplated continuation of the lease and you can't make the payments, the landlord will probably prevail on its motion for relief from the stay unless you have a good reason for the default and are prepared to make up the unpaid rent. austinh@ix.netcom.com
Answered on Aug 13th, 2012 at 5:06 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The landlord want the ability to go into state court and sue you for eviction for nonpayment. Get the landlord paid as soon as possible, and continue to pay the rent every month. You need an attorney.
Answered on Aug 13th, 2012 at 5:03 PM
Glen Edward Ashman
You need to ask your lawyer. Pro se cases have almost a 100% failure rate. If you don't have one, get one.
Answered on Aug 13th, 2012 at 5:02 PM
Burton J. Green
Your chapter 13 plan should protect you if the arrears on the rent were from before you filed. Repayment on the back rent should be included in your plan. If the rent you are behind is from after you filed, you might need to try to amend your plan to deal with the arrearage. But your landlord is entitled to have you current in the rent. Go to the hearing and see what the judge says.
Answered on Aug 13th, 2012 at 5:02 PM
Well, you have to analyze his claim to see if it is supported with evidence and if not, you object to it. I would have to see all the facts to figure out the answer to your question.
Answered on Aug 13th, 2012 at 5:01 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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What does your attorney say? More facts are needed and they are best used by an attorney.
Answered on Aug 13th, 2012 at 5:01 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Very difficult to oppose unless you have the money to pay the landlord. May not be impossible if you can make arrangements to pay and convince the judge you will pay.
Answered on Aug 13th, 2012 at 5:00 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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if you can't make payments on rent then motion will be granted. Ask landlord for stipulation allowing you more time to get out and granting his motion.
Answered on Aug 13th, 2012 at 5:00 PM
It sounds as though it will be a waste of time, but there is not complete information in the question, so the answer may not be complete, either.
Answered on Aug 13th, 2012 at 4:59 PM
Bankruptcy Attorney serving Turnersville, NJ
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Law Office of Joseph J. Rogers
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If you have an attorney you should be discussing this with him. If you don't have an attorney you need to hire one. You should be objecting to the motion, however, you should be represented by counsel.
Answered on Aug 13th, 2012 at 4:59 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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If you are already in the Bankruptcy, you should be speaking with your counsel. If you do not have one, you should. If you missed one (1) payment, that can be made up to include same in your Chapter 13 Plan. Or you can cut another negotiated deal with the Landlord. Work quickly because the automatic stay technically will be vacated after 30 days, unless there is an order to the contrary.
Answered on Aug 10th, 2012 at 1:42 PM