Lake Ozark, MO asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for Missouri

Q: Am i safe from being evicted?

The home I live in is owner financed and I got behind on the payments the owner is taken me to court and was granted a default judgement. Then on may 31 Casenet shows he went back to court and got an execution/garnishment on Saturday June 1 I got a letter from the owners lawyer stating that I would need to leave my home immediately and that he would be here with the sheriff in a few days to change the locks. All of my personal belongings will need to be removed or they will be forfeited to the owner. I just today June 5 claimed chapter 13 in hopes to get the automatic stay and save my house. I'm not sure if that will work or if I need to do something else. Can he legally throw me out like that giving me "a few days"?

2 Lawyer Answers
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Landlord Tenant Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: The automatic stay is in effect but you ought to file a suggestion of bankruptcy with the circuit court and notify the opposing attorney.

Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: The automatic stay will slow them down but you might start looking for another place.

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