Q: How do I file for a Motion for a Relief from Stay in NH? Tenant filed for Chapter 7 before signing his lease.
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?
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A: Unless you as the landlord secured a writ of possession from the state court prior to the filing of the tenant's bankruptcy petition, you will be required to file a motion for an order for relief from the automatic stay from the bankruptcy court. From the date of the filing of the motion, it will take about 30 days to get to a hearing on the motion.
A: 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 motion ought to be filed at the Bankruptcy Court in Concord. The Court has many motion forms online. I recommend retaining counsel just to be on the safe side because you want the non-paying tenant out of your house.
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