I am a landlord in city of Chicago.
I issued a 5-days notice early June, 2014 because the tenant continued to miss payments. She told a week later that she filed a bankruptcy, and claimed that I cannot evict her. It's a lesbian couple with kids, the primary applicants are these two women, only one of them filed bankruptcy.
I knew that I can appear on the court to ask for a relief for the automatic stay. But are there any motions or documents I need to file before the court? Or documents to show the judge?
After I get the relief, what are the steps I can take? Do I go ahead an eviction right after? Thanks for your help.
Also, if I want to hire an legal consultant to help me with the bankruptcy part, how much the cost is going to be, approximately? Thanks.
There wasn't information as to who signed the lease and is responsible for payments. Notwithstanding, the relief order obtained by your tenant when she filed prevents any further court proceedings. You should establish who is liable for payments pursuant to the lease agreement. You may be able to go into the Bankruptcy Court and file an adversary proceeding.
The answer to this question depends on whether or not you have a lease. If it is simply an at-will month to month tenancy, the bankruptcy should not affect your eviction rights. If there is a lease, you will likely need to file a motion for relief from the automatic stay in order to evict.
You have many legitimate questions, most of which are far too complex for this simple Q&A forum. You need to consult in person with or or more attorneys and the the one you like the best. When you speak to the lawyer(s) you should also discuss fees. If you do not know any lawyers, you can contact the Chicago Bar Association or click on the Find a Lawyer link at the top of this page.
Do your tenants have a lease? Who signed the lease, one or both? The short answer is that you will have to file a motion with the bankruptcy court to lift the automatic stay. There is a court fee for lifting the stay. You or your attorney will have to appear in Court on the designated date and time. Once the bankruptcy court lifts the stay, you can proceed with the eviction case in state court. Attorneys aren't allowed to quote fees on this site. You will have to call around and get quotes from different attorneys. Many attorneys do not charge for initial consultations with prospective clients.
You do not just show up in Court and ask for relief from stay - you need to properly prepare, file and notice your motion to modify the stay and then its set to be heard.
You need to contact a bankruptcy attorney to assist you with getting the stay lifted. I don't recommend you filing the motion by yourself. You have to file a motion, pay the fee, and set up a court date and time. Once the stay is lifted, you will be able to proceed with the eviction. Attorneys fees will vary.
Your first step is to hire a lawyer to help you. While not terribly difficult for an experienced attorney, this is not a DIY project for someone unfamiliar with the bk process as you obviously are. Unless you want to have these ladies as permanent tenants that you are going to have to pay, hire a lawyer.
You definitely need to hire an experienced bankruptcy attorney in your area. This is a complex issue you do not need to try to handle on your own. Your attorney will need to file a proof of claim and a motion for relief of stay on your behalf, as well as other documents. Filing fees will be approximately $200; attorney fees vary. They will have to attend hearings and the debtor's meeting of creditors, so be prepared to pay. Good luck to you, I sincerely hope you get your issue worked out.
Yes. You must file a "Motion for Relief From Stay" with the bankruptcy court. You don't just "show up" as there is no court hearing scheduled. The trustee meeting (341 meeting) is not a court hearing in front of a judge.
You probably should hire creditor's counsel to handle it as that will make it go much more smoothly.
This is too complex for an online forum like Avvo to delve into
Hire counsel and follow your attornrys's advice