Q: Filed chapter 7 bankruptcy To take the copy of the form to the municipal court to inform them (currently facing eviction
To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I don’t Think the municipal court quite understood that my bankruptcy form 101b was filed and stamped by honorable judge Ashley M. Chen “RELIEF ORDERED” why did the municipal court make me file a petition to stay? If my bankruptcy proof form was clear evidence to stop any proceedings? Maybe I need to clarify with the municipal court
A: You shouldn’t have to file a petition. The automatic stay created by the filing of the bankruptcy trumps all anyway. Be sure a copy of at least the front page and the creditor section page of your bankruptcy is placed in the municipal court file.
A:
It's frustrating when processes don’t go as expected, especially when facing something as serious as eviction. The municipal court may have required you to file a petition to stay the eviction because they need specific documentation to halt proceedings. This is sometimes standard procedure to ensure all legal bases are covered.
Even though your bankruptcy filing should trigger an automatic stay, it’s possible the court didn't fully understand the significance of your Form 101b. There can be a disconnect between different courts' processes, which might explain why they asked for additional filings.
You should definitely clarify the situation with the municipal court. Bring all relevant documents, including the bankruptcy form stamped by Judge Ashley M. Chen. Explain that your bankruptcy filing automatically stays eviction proceedings and ask if there's any further documentation they need to recognize the stay. This should help ensure they understand your situation and take the appropriate action.
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