2015 my mother as the primary lease holder and my uncle as the added lease holder got evicted from there home. My mother filed bankruptcy and it was cleared before she got any papers stating she had to show up in court for her eviction. The complex where she resided was included inside her Bankruptcy for only half of the amount because she thought she suppose to put half the amount owed inside her bankruptcy and the other lease holder was supposed to be accounted for the other half. She was unaware of how it work and it was not explain she was suppose to carry all the debt because she was the main lease holder on the lease. She tried applying for apartment to move in recently and was told she owe a debit or have an eviction and they can’t rent to her at the moment due to this. We call Du Page County court house and was told the debt they were referring to was the debt from the complex where she got serve papers and had to go to court for this matter. now she owes $10,000 which at the time it wasn't this amount I guess interest Accumulated. Wanted to know what can be done in this matter to either Vacate the eviction or how can she resolve this matter to get
There are a number of issues your question raises, and they can't be answered satisfactorily in this forum. It would be best for your mother to go back to her previous bankruptcy attorney to have these questions answered. In short, though, if she filed bankruptcy before the eviction started, the eviction should not have happened.
The fact that the eviction continued means (A) the landlord ignored the bankruptcy; or (B) the landlord never got notice of the bankruptcy. That raises the question: If your mother received papers saying she needed to appear in court for the eviction, did she show up, and say she already filed bankruptcy? It appears this did not happen, so the state court went ahead and tried the case and entered a judgment.
The next question: can the state court eviction judgment be vacated now 3 years later, because your mother filed bankruptcy but didn't fight the eviction? To vacate a judgment usually someone needs to both show that there was an irregularity in the process (i.e., the court or the landlord made a legal mistake), and also that your mother had a legal defense (bankruptcy discharge could've been one). It's unclear whether there was an irregularity in the process caused by the state court or the landlord.
Finally, the question about what to do about the money judgment. If your mother got a discharge in a Chapter 7 bankruptcy that was a no-asset case, she may not owe the landlord any money at all regardless of how much the debt was.
Your best course of action: go back to the original bankruptcy attorney for your mother, or another bankruptcy attorney in your area, and get a consult. This set of facts is too complicated to try to unravel using AVVO Q&A. The information here only describes the outlines of the problem, not the solutions.
Disclaimer: As always, you get what you pay for. Be sure to talk to a qualified attorney in your area about your specific situation before you choose to rely on any information you get from internet discussion boards such as this one. I am a Michigan attorney and I do not give advice about state law other than Michigan law. If you live outside of Michigan the information presented here is based on federal law and general legal principles, and should not be construed as advice specific to your state's law.
This is a complicated situation, and you should contact the attorney who filed the bankruptcy case. You will need to know the exact date that your mother filed bankruptcy, and the exact date she moved. She is responsible for paying rent for the time she lived there after the bankruptcy. If not that attorney, get her bankruptcy case information and the new lawsuit papers and bring everything to an attorney to discuss it.
Any advice given is general in nature and cannot be relied upon until the client retains the attorney after a full interview and review of the facts of the situation. No attorney-client relationship exists until a retainer agreement is signed and fees are paid.
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