I am filing pro se and am just starting the paperwork. On the voluntary petition it asks about a tenant residing in lease and says something about providing deposit of rent for the next 30 days to the court...does that mean you have to write the court a check and they then forward it to the landlord? We "rent" from my Dad with no lease, so unsure how to approach this...please don't respond you have no business filing pro se.... I have no other choice!
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Where does it say that?Originally posted by justdone View PostPay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer. -
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Are you behind on your rent with your Dad?Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
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No we re not.Comment
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Is your father trying to evict you or sue you for unlawful detainer or similar proceeding?Originally posted by justdone View PostPay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
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Yes, I remember that-On my petition, it said "certification by a debtor who resides as a tenant of residential property". " Debtor has included with this petition the deposit with the court of any rent that would become due during the 30 day period after the filing of the petition. I paid my landlord with a money order( DO NOT PAY WITH CHECKING ACCOUNT) so the funds were removed prior to filing. I marked my petition as N/A and listed them only as holding a security deposit, so they were never notified of my bankruptcy. Good luck, and hope yours goes as well as mine did.Comment
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No he s not trying to evict us , and could care less if we pay him or not...just trying to dot my i's and cross my t's so to speak!Comment
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Originally posted by justdone View Post
Basically, the automatic stay does not stay the continuation of an eviction or unlawful detainer action unless the tenant follows the steps contained in 11 U.S.C. 362 (l).
Sounds like none of this applies to you.Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
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Thank you ... hubby and I were convinced we could dig ourselves out of this over a few years time...and then two weeks ago he was unexpectedly layed off! So now we can barely pay our living expenses with unemployment...much less debts. So we decided to go ahead and file, so as I sit here trying to plow through the papers it seems like a foreign language! I d like to file before thanksgiving! Thanks for answering "silly" questions!Comment
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Exactly what MSbklawyer wrote. That section is only if you're about to be evicted or you were in the middle of the eviction process when you filed. Landlords are treated well in this aspect of the Bankruptcy Code. The automatic stay only applies for 30 days and can even be shorter if the Landlord files certain paperwork with the Court.
I person in Bankruptcy can stop an eviction for a few weeks. If you want to stop the eviction, you'd have to cure the missed payments almost immediately! 11 USC 362(m)Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.Comment
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