Tenants

What is the name of your state? NJ
I was able to get relief from the automatic stay in order to take the tenants to court for possession of the apartment. After all they put me through, the tenants didn't even show up to oppose the eviction. I got a default judgment for possession. Prior to filing bankruptcy, the tenants had sent a money order for part of September rent, which I didn't accept for fear that accepting it would be considered waiving the Notice to Quit. So I sent the money order, which was made out to me, to the attorney for the tenants to hold in escrow until the tenancy matter was heard by the court. The tenants sent their attorney some more money for October and November rent ( they filed for BK on Oct. 15) to hold in escrow as well. Now that judgment for possession has been entered, I called the tenants' attorney and asked her to send me the money being held in escrow. She told me that she couldn't because the money was an "asset of the Bankruptcy Court" and that she won't release it without "the appropriate order from that Court." The tenants did not list this money on their Schedule B- Personal Property, and it was being held for me, so why can't I get it now? When we went to court on the motion for relief from the stay, the Bankruptcy Judge told the tenant that she had to pay the rent, so why won't the attorney send it to me? What do I have to do to get this money? Any suggestions would be greatly appreciated.

[HomeGuru]

Originally posted by LSR1
What is the name of your state? NJ
I was able to get relief from the automatic stay in order to take the tenants to court for possession of the apartment. After all they put me through, the tenants didn't even show up to oppose the eviction. I got a default judgment for possession. Prior to filing bankruptcy, the tenants had sent a money order for part of September rent, which I didn't accept for fear that accepting it would be considered waiving the Notice to Quit. So I sent the money order, which was made out to me, to the attorney for the tenants to hold in escrow until the tenancy matter was heard by the court. The tenants sent their attorney some more money for October and November rent ( they filed for BK on Oct. 15) to hold in escrow as well. Now that judgment for possession has been entered, I called the tenants' attorney and asked her to send me the money being held in escrow. She told me that she couldn't because the money was an "asset of the Bankruptcy Court" and that she won't release it without "the appropriate order from that Court." The tenants did not list this money on their Schedule B- Personal Property, and it was being held for me, so why can't I get it now? When we went to court on the motion for relief from the stay, the Bankruptcy Judge told the tenant that she had to pay the rent, so why won't the attorney send it to me? What do I have to do to get this money? Any suggestions would be greatly appreciated.

**A: you already know what do.

If I knew what to do, would I be asking? I do not understand the basis of this attorney's claim that the money isn't mine and I do not know how to handle it. This forum was very helpful in explaining how to get the stay lifted, so I was hoping for some more help.

If I knew what to do, would I be asking? I do not understand the basis of this attorney's claim that the money isn't mine and I do not know how to handle it. This forum was very helpful in explaining how to get the stay lifted, so I was hoping for some more help.

Did you come here to argue or to find the solution. As HG told you, you already know what to do.

She told me that she couldn't because the money was an "asset of the Bankruptcy Court" and that she won't release it without "the appropriate order from that Court."

Now, what part of that don't you understand?

[HomeGuru]

So common sense would dictate that you would need a court order right?
Better that than a court jester.

But I already have a court order lifting the stay so that I can pursue my property rights and the bankruptcy judge had told the tenant that she had to pay the rent. Plus I have an order issued by a state court judge ordering the tenant to pay the rent to her attorney to be held in escrow for me pending resolution of the tenancy matter and the lifting of the bankruptcy stay. So now that I have a judgment for possession and the stay has been lifted, shouldn't the attorney have to send me my money? What type of order do I need to ask for? All I am asking for is some guidance since I know very little about bankruptcy or court procedures in general. You don't have be nasty about it.

[HomeGuru]

[quote]Originally posted by LSR1
[b]What is the name of your state? NJ
Now that judgment for possession has been entered, I called the tenants' attorney and asked her to send me the money being held in escrow. She told me that she couldn't because the money was an "asset of the Bankruptcy Court" and that she won't release it without "the appropriate order from that Court."


**A: HELLO. Anyone out there? Earth to LSR minus 1.

Thanks for nothing.

[HomeGuru]

Ok.