Fixing our little Automatic Stay Problem

In the last positing, I spoke about the legal problem that my family is facing. We have an active Unlawful Detainer suit against us, and worse is that they have a Default Judgment against me. It’s a dangerous situation because the only party blocking eviction is my wife.

We are attempting to fix this issue by filing a Request for Continuation of Stay with the Bankruptcy Court. Recall: my Bankruptcy produced an Automatic Stay which only lasted 30 days under a new law, because I had filed two previous bankruptcies. However, the bankruptcies were dismissed for reasons that were initiated by the court! The court makes procedural errors from time to time which result in the dismissal of the case for no fault of the debtor. That’s what happened here.

I produced a Motion which explained exactly what happened with the dismissal of the previous bankruptcy, and as a result I could show that I am not abusing the bankruptcy system. The Motion is filed, and the result should come up in a week or two. This will protect us from eviction for a few months, or until the opposing side files a Motion for Relief from Stay. We have another Motion asking the Judge to stay the Unlawful Detainer until the Adversarial Procedure is complete, which may take a few months. I’ll let you know how it goes!

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