Sheriff Stopped By...

[dyarlett]

We are in the process of gathering all of our paperwork for our BK Attorney. I had the sheriff stop by today and do a walk through of my property for my Trash Company, which I have a judgement against me with them. They told me I have 20 days to take care of the overdue balance and my items won't go up for Sheriff Sale. My question is, since I'm wrapping up all of my Ch13 papers and giving them to the lawyer by next week, will this issue be included in the BK and will I not have to worry about a Sheriff Sale?

[lrprn]

As long as the trash company and what you owe them is included on your creditors list in your Ch 13 filing papers, the day your lawyer files your case the sheriff's hands are tied. You and your property will be protected by your automatic stay. There's nothing the sheriff or the trash company can do but file as an unsecured creditor to be repaid at the same % as the other unsecured creditors are paid by your trustee from your Ch 13 payment over the life of your plan.

If you haven't already, be sure to let your lawyer know tomorrow about the sheriff's visit and your need to file before the 20 days are up. This is one filing you don't want to be delayed. Good luck!