Petition vs. Court

[jos3ph]

I am scheduled to go to court on the 23 of October 2008 for back rent and/or eviction.

I called today to schedule a consultation with an attorney. I have the money to pay the entire fee associated with the Chapter 7.

If I cannot get the petition filed before I go to court on the 23rd, will the court still consider the fact that I have payed an attorney to do my Chapter 7, or will the actual Chapter 7 petition have to be filed before I can get the "automatic stay?"

I'm working as fast as possible to get all of this taken care of, but I would prefer not to a judgment entered against me. I need to delay my eviction another month if possible because I have two young children in school. Having the eviction put off for another month would allow me enough time to find, and move to another house.

Any comments or suggestions welcomed.

Joseph

[JRScott]

Its possible you could have an emergency bk filing. However it is also very likely they'd post a relief from stay motion and have it granted quickly if you've gotten the point to eviction almost.

In most cases it takes up to 30 days for a lawyer to get a case filed, due to the level of information they need.

It might pay to redouble your efforts to find another place to live or come up with the back rent.

You might still get a lawyer that can move faster. However that depends on how fast you can find and gather all the information required to file.

[justbroke]

I like where JR is going with this. If you have a substantial amount of back rent, and won't be able to cure that within the terms of the court, then you probably need to use the money to start looking for a new place.

I'm not sure what the new BK code provides, but it protect landlords more than it protects the Debtor tenant (the bankrupt person).

[TEW]

Chances are that even if OP got filed fast enough the landlord with get relief from stay in at most a month. It would buy much time. But would the land lord have to start the process over again

[justbroke]

Chances are that even if OP got filed fast enough the landlord with get relief from stay in at most a month. It would buy much time. But would the land lord have to start the process over again

Depending on the State, evictions are meant to be done without delay and with all due haste and expediency.

However, my paltry understanding of 11 USC 362(23) (which deals with evictions), states that the eviction must have already been granted by a court prior to petition. Otherwise, the automatic stay kicks in. The Debtor must file a certification with the court or cure the deficiency within 30 days. In either event, the stay will give the debtor/tenant a 30 day reprieve only.

The OP needs to do something. If the OP can't cure the default in less than 30 days (because the certification that the satisfaction of the arrears must be filed with the court within 30 days after filing the petition), then the lessor is excepted Automatic Stay

However, the OP could play games and get an additional 10 days... but the bottom line is... the arrears need to be cured or the OP needs to move with all due haste.

[StartingOver08]

OP, I don't know where you are - but in our area finding a rental where the LL will give you a break up front is a fairly easy thing to do right now. Even if the credit is poor. (The only thing that is really frowned upon is a criminal record because of the risk the landlord takes.) I am a RE agent - you can find an agent to help you. Just be honest with your situation right up front so a better deal can be negotiated on your behalf.