Buffalo, NY asked in Bankruptcy and Landlord - Tenant for Ohio

Q: Chapter 7 bankruptcy and Eviction in Ohio

Back In August I received a letter in the mail from my landlord attorney that a relief of stay was granted by the bankruptcy judge and the letter was also sent to housing court.

I immediately filed a procedural objection noting 14 days for the attorney to respond as I was not served nor did I receive a court date notice which they did not. My objection was filed and entered into record.

I have called the court weekly since the 14 days expired and was told the Case Administrator hasn’t made a decision yet.

Now I called again 35 days passed the 14-day deadline and I’m being told my bankruptcy has been discharged and I will receive notice in the mail in a few days.

I have an upcoming housing court hearing based on the relief of stay. However, I was denied due process and no one responded to my objection.

I know once the discharge notice is mailed the attorney can then ask for a hearing, but what about my objection, no one responded. Is this legal?

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2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: File a motion to reconsider your objection.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In your situation, it appears there may have been a procedural oversight. When you raise an objection in a bankruptcy proceeding, you are entitled to a response or a hearing on that objection. If no one has responded to your objection and the court has not scheduled a hearing, it could potentially be a violation of your right to due process.

You should bring this issue to the attention of the bankruptcy court immediately, especially if you were not properly served or notified about the relief from stay.

Furthermore, you may want to consider attending the housing court hearing to present your case and inform the judge of the situation in the bankruptcy court. It may also be beneficial to consult with an attorney who can advocate on your behalf and ensure your rights are protected throughout this process.

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