Skip to main content

Filing a motion to lift the automatic stay on a tenant

Jacksonville, FL |

Filed a eviction on tenant and they filed Chapter 7 Bankruptcy. Halted the eviction.
As a landlord how do I file a motion to lift the automatic stay . How do I get a hearing with the bankruptcy court?

.

Attorney Answers 5


  1. Best answer

    The stay is granted automatically once a bankruptcy petition is filed. As the Landlord you are a creditor and will be listed as such in the petition and you should receive notice from the Court about your rights. I am not a Bankruptcy attorney so contact one in your area that can step in to that action and get them to remove the bankruptcy as it relates to your tenant. All you want is to finalize the eviction. Good luck

    DISCLAIMER: This answer is not legal advice nor does it create an attorney-client relationship between any user/reader and The Law Offices of Kassebaum, Robinson & Abelairas, P.A. We encourage and welcome you to contact us about your legal problems and visit our website at www.kralawyers.com or email me at bill@kralawyers.com


  2. Unless you are well-versed in motions practice, I would recommend that you contact a local bankruptcy attorney to file the motion for you. You can represent yourself, but you need to prepare a document that will be acceptable to the court and each court has its own local rules.


  3. I agree with my colleagues. You will have to file a motion for relief from the automatic stay in the bankruptcy case.

    I work with a senior bankruptcy attorney in Jacksonville, and I would be happy to speak with you about representing you for that purpose. Feel free to call me at your convenience.

    Sincerely,
    Andrew M. Bonderud, Esq.
    The Bonderud Law Firm, P.A.
    Office: 904-438-8082

    Andrew M. Bonderud, Esq. is an attorney The Bonderud Law Firm, P.A. He offers free consultations 24/7. You can reach him at 904-438-8082. Andrew's posting here is not to be considered legal advice nor does an attorney-client relationship exist.


  4. You should contact a local bankruptcy attorney. In the Jacksonville Division, your motion for Relief from the Automatic Stay must include the 21 day negative notice. You may also have a claim against the bankruptcy estate (if there are unexempt assets) as well as a post-petition claim against the tenant.


  5. Dear "Filing a motion to lift the automatic stay":

    You will need to file the Motion. A hearing may not be necessary.
    Best to use an attorney to help you. Good luck!

Landlord-tenant law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics