More details to this question:
I feel there was a predatory loan on my house it was foreclosed on the bank that bought the note didn’t want to deal with a trial they sold the note to a Realtor and now they have taken me to court on Wednesday April 24th I went and filed bankruptcy on the 25th will I still be evicted and do I need to take the bankruptcy forms to the sheriff’s office before they come knocking on my door?
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Estate Planning Attorney serving Wilmington, DE
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A bankruptcy will stay the proceedings but if you do not pay the arrears they will motion for relief from the stay so they can proceed.
Answered on Apr 26th, 2013 at 11:54 AM
In order to stop the eviction for the time being, you will need to properly notify the eviction court of your bankruptcy filing. Once the current owner of the property obtains an order from the bankruptcy court or when your bankruptcy is discharged, the eviction can resume. Too bad you chose to pursue this without an attorney.
Answered on Apr 26th, 2013 at 11:54 AM
Travis Christiansen
They can evict you but they will likely have to get relief and permission from the bankruptcy court to do so.
Answered on Apr 26th, 2013 at 12:15 AM