QUESTION
Does a bankruptcy judge have to give an ok for sheriff to ignore the stay from bankruptcy before hearing BASED ON THEM STATING A CODE?
Asked on Jan 03rd, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
We are tenants in which our landlord leased my family a home with no heat/air oven. Has mold, structural issues been 1 injury already, been inspected by city and she’s been cited 20 different health and safety codes lied got a UD AND WRIT OF POSSESTION THAT WE WERNT SERVED GOT MAILING FROM COURT. We filed emergency BK to give agencies time for charging her and with no warning locked us out of our home today pets still there. We were told nothing could happen until 14 of January at hearing. TOOK TO SHERIFF DEPT THEY SAID WE WERE OK TOO BUT THEN TODAY THEY CAME AND LOCKED US OUT WITH NO COURT HEARING ORDER NOTHING EXCEPT THEY QUOTED A CODE.
4 ANSWERS
That doesn't sound right. You need to bring to paperwork in to a lawyer, who can decipher it better.
Answered on Jan 11th, 2013 at 2:40 PM
Land Use & Zoning Attorney serving Boston, MA
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Greenbaum, Nagel, Fisher & Paliotti, LLP
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Does not sound like Massachusetts so I would not be able to answer. However you will definitely need a lawyer to file suit to get back in.
Answered on Jan 10th, 2013 at 10:01 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
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Talk with your bankruptcy attorney and let him or her handle it.
Answered on Jan 10th, 2013 at 9:50 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
at
Love and Dillenbeck Law
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You need to speak to your attorney and determine what you need to do. The automatic stay of the bankruptcy code stops evictions...unless the landlord already got a judgment. If a judgment was obtained then certain acts including paying a bond to the bankruptcy clerk need to occur to stop the eviction.
Answered on Jan 10th, 2013 at 9:38 PM