Okay Landlord finally served court papers but I already file what do I do

[freshstart06]

We of course decided to move so today my landlord served us court papers today, we are schedule for court on July 6 but we filed on June 25. What do we do??? Do we go to court any way. I mean my goodness he gave back the money and now the court date, it states he wants the back pay(the money he gave back to us) and possession. On half of me wants to fight the other wants to just hurry and leave and start my new life.

I just don't know what to do from here, do we contact the courts and let them know we filed bankruptcy already??? All of this stress, does it ever end???

I can't believe how fast he got the court date. I mean first he gives me back the rent and served me a five day all in one day then two days after the 5 day expires he serves us to go to court by July 6. Thankfully, we already filed.

[SinkingFast]

You filed before your Landlord served you, right??

Eviction. If you are being evicted from your home, the automatic stay may provide some help -- but the new bankruptcy law makes it easier for landlords to proceed with evictions. If your landlord already has a judgment of possession against you when you file, the automatic stay won't affect these eviction proceedings; the landlord can continue just as if you hadn't filed for bankruptcy. And if the landlord alleges that you've been endangering the property or using controlled substances there, the automatic stay won't do you much good, either. In other cases, the automatic stay might buy you a few days or weeks, but the landlord will probably ask the court to lift the stay and allow the eviction -- and the court will probably agree to do so.

http://www.nolo.com/article.cfm/Obje...9/213/161/ART/

According to Nolo, it sounds like you bought yourself some time to move. The Landlord can file a Motion to Lift Stay and proceed with the Eviction, but right now, you're under protection of the Automatic Stay.

Personally, were this my situation, I wouldn't tell the Court anything just yet. I'd go and appear in Court on July 6th as scheduled. Inform the Court then that you've filed BK. Give them your Case #, attny's name and contact info. Maybe even give the Court a copy of your BK petition.

Waiting until the hearing might buy you an extra week toward your move. If you call and inform the Court now, the Court will inform your Landlord. That'll get him/her started moving on the Motion to Lift Stay that much quicker.

Hopefully, you listed this Landlord as a Creditor to Discharge your past unpaid rent and the remainder of your Lease that would be due as well.

[freshstart06]

yes, I listed him as a creditor. I think he just did not want a person that file bk living in his home because up until this month we have never been late more then a day or two for the entire year.

[SinkingFast]

Well, DOH!!

I feel silly.

If you listed him as a Creditor, he'll probably get the Notice mailed by the BK Court Clerk before your scheduled Hearing date. Once he gets that, I'd bet he hot foots it to his attny to see what to do next. He'll probably know to file a Motion to Lift Stay before the 6th.

But still, with the Holiday coming up next week, it might slow him down a bit anyway.

When you're having to move, every day counts!

[freshstart06]

Thankfully, a lot of homes out here only care if you can afford the home. With the high forclosure rate out here, the investors are opening their arms to any credit. The only problem is that some of the cheaper homes are looking for good credit and the more expensive homes are basically no qualify rentals.

[JRScott]

Good luck on finding a new place, I hope it works out.

You'll need to show up on July 6th just in case. Inform the court of the bankruptcy filing prior to the eviction proceeding. Give them case number, district filed in, chapter filed and lawyer's name. That should end that hearing and if they aren't prepared for it it'll be probably the following week before they can file to lift your stay (probably a week to get a hearing). So you got about 2-3 weeks .

(Kinda sad the guys done this after you paid him and then he returned the money, then file eviction........)

[freshstart06]

JRscott, yes, I think he panic or something but we were/are good tenents that ran into some problems. We paid $2000 a month and never was late some times we were like a day or two but only because life got so busy I honesty forgot to send out the check. We always paid extra if we were a day late. We told him we ran into some financial problems but hold tight we will figure it out, we even offered to get new tenents because things were kind of bad for a moment. He did not want new tenents but offered to lower rent. well we were late then after talking things over we told him we were planning to file BK this was our only options, this will make things easier. we never told him we were going to move even though my doctor really wanted e to stop going up and down the stairs. If were going to move it wasn't not due to BK and we would have told him so. We were still thinking about it.
Well next thing I know my money is returned, we get a 5 day then a notice to court to vacant property. Crazy...

I am just ready to start my new life, complete the chapter 7 and build from there. Even though we don't really have any credit card debt, we just need to make more money or reduce something but I can't figure it out. We have made some mistakes and we learned from them, we are not all completely innocent of our debts. I just can't wait to motivate another person that comes on this board afraid and stress just like I am and soon will not be.

[CindyLou]

Again, I say get the heck outta there and include the back rent in the BK. I wonder though, if the time since you filed will be owed to him (prorated of course)? Not that he can collect it now, but the longer you stay the longer you owe. He does not seem like a reasonable person and he really just screwed himself because it sounds like you were really willling to work with him!! Good luck and keep us posted.

[freshstart06]

I was willing to work with him. I don't believe in screwing people over because that can come back on you later in life. We found a beautiful home, it is much bigger then the home we are in now and much cheaper. Guess what no credit check, my husbands job was the credit check. The park is right behind our new home, the school is in the neighborhood. It was like at the 12 o'clock hour we found a place. Now we have time to move and clean up the current place we are staying at (yes, I know, I could just move but I want to leave the place clean)

I feel so much better now. We can have the first bid to purchase the home in a couple of years if we like, but right now that is a far away thought. The home is in a perfect location, close to everything but not too close. It is much better then where we live now. I hope this is a sign things are picking up.

[Granny]

Wow, isn't it funny how things work out? Enjoy your new place, it sounds wonderful.

[JRScott]

Congratulations on finding another place

[freshstart06]

Yes, I love the home, it is 3400sq feet and big back yard. I don't have a pool like I have here but Once everything gets back into place I can purchase one of those above ground pools that is under $500. This is home is only $1300, trust me this is cheap for us and the home size, it is a lot cheaper then here. The difference in price will not affect my expense worksheet.

It just looks like everything is picking up even before the meeting. The fracture in my ankle refuses to heal but it is not getting worse. My doctor told me I may have to get something called a bone stimulator. My other foot is starting to feel better. My bank reversed the payday loans that put us in the negative, I still have no reason why but they stated they were wrong, heck I will not argue. I hope things continue to pick up for us.

It is hard to move at the last minute but it is worth it.

JRScott, good luck with your meeting on Monday.

[keepmine]

Yep, it does get better-sometimes sooner than you think.
For sure, inform your lawyer about the eviction notice. Sounds like a nonevent but, your attorney can't represent your interests to the best of his ability without knowing all the facts.

[freshstart06]

I have no attorney, too broke to afford one. I am using a paralegal to prepare my docs the good thing is that the law firm she works for has been giving me free advice even though they are not representing me. We also signed up for prepaid legal services, I am working with a wonderful Bk Lawyer, that has done well above her duties. They sent me a form that I have to take to file with the courts and at that point let it go. If he wants to lift the stay he has to file that with the federal BK courts not the local, after you file the federal courts take over your case and there is nothing local/state can do, the stay will have to be lifted at federal courts only. This can take a while but sometimes they are quick. It will not matter now because we will be out of the home well before it gets that far. I will overnight the keys to the home and write him my last very long letter and neve think of him again, I will leave the home exactly the way it was given to me.

[SinkingFast]

Congrats on getting a new place!!

Here's hoping the move goes well for you!!

As far as sending him the keys, I personally wouldn't spend the money for Overnight. I'd just leave them on the counter in the kitchen. Out in plain sight where they can be seen.

Just be sure you've done a final walk-thru and haven't left anything behind. Cause once you leave and lock that door, there's no getting back in.