This is a post foreclosure action, where the new owner has obtained a writ of possession against the former homeowner who is still occupying the home. Will filing a chapter 13 stay the execution of the writ? I know the rules that apply to those who were renting or leasing, but not as to these types of occupants...
The automatic stay applies even to people who have no legal possessory rights to property. The property owner will need to apply for a lift stay to proceed with an eviction.
Hope this perspective helps!
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
I agree with my colleague. The plaintiff will need to bring a Motion for Relief from Automatic Stay (see web link below for sample form). If that motion is granted, the plaintiff may proceed with taking possession of the property. Be sure to consult your own attorney to protect your legal rights.
If the current occupants file a Chapter 13 then the dispossessory action is stayed. However, as indicated, the current owner could file a Motion for Relief From Stay and the bankruptcy court will most likely grant it.
The answer given is for informational purposes only and does not constitute legal advice. Dwight Bowen is a bankruptcy and consumer attorney and may be contacted at (404) 880-3310.
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