We are trying to evict a tenant for non-payment of rent, but understand we cannot file for a Writ until we file a Motion for Relief from Stay even though he filed for bankruptcy before signing our lease. Is this correct, and where/how can we file for this motion?
First, are you sure he filed for bankruptcy BEFORE signing the lease? If so, the lease is a post-petition event and, unless the law has changed that much in 30 years, I don't believe you need to file a lift-stay motion to evict him. Second, let's play it safe. Assuming you are in NH, a lift-stay...Read more »
A bankruptcy filing acts as an automatic stay against all collection activity. The creditors may not directly contact the debtor once the petition is filed. No letters, no telephone calls, nothing. Of course, the creditors may contact the debtor's attorney. This rarely happened in the cases I...Read more »
A chapter 13 case requires a great deal of work up front and, in most cases, the lawyer's constant attention to ensure the debtor complies with the requirements of the statutes. It is more likely than not that a $4500 fee will be earned well before the debtor begins paying his/her debts through...Read more »
Absolutely nothing, unless your lawyer can show that repaying the debt would expose you and your family to undue hardship. This law was changed during Bill Clinton's presidency. Before then, if one had owed the student loan debt for seven years, one could seek its discharge. I used to do that...Read more »
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