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Motion For Relief From Stay

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mssuzyq

Junior Member
What is the name of your state (only U.S. law)? Texas.

I currently have a month to month lease with a tenant who has not made a payment in 3 months as of January 1, 2010. I evicted him through the legal system back in December and our court date was 12/30/2009 at 10:00 am. When the judge called my name, he asked if I had seen the document titleled Bankrupcty Chapter 13 which had been faxed over at 9:49 am that same day. Of course I had not seen this document. After researching a landlords rights in Texas, it is very disappointing and hard to understand how a NON Paying Tenant can get away with somehting like this. He rents from me, he does not own this condo but the judge could not proceed with the eviction until I file a Motion For Relief From Stay. I need help in filing this motion. I need direction as to what or how this needs to be presented to the bankruptcy judge so I can move forward with this eviction. An example would be perfect if anyone has one available. I would be so appreciative with any advice you can provide.

HELP!
 
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Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? Texas.

I currently have a month to month lease with a tenant who has not made a payment in 3 months as of January 1, 2010. I evicted him through the legal system back in December and our court date was 12/30/2009 at 10:00 am. When the judge called my name, he asked if I had seen the document titleled Bankrupcty Chapter 13 which had been faxed over at 9:49 am that same day. Of course I had not seen this document. After researching a landlords rights in Texas, it is very disappointing and hard to understand how a NON Paying Tenant can get away with somehting like this. He rents from me, he does not own this condo but the judge could not proceed with the eviction until I file a Motion For Relief From Stay. I need help in filing this motion. I need direction as to what or how this needs to be presented to the bankruptcy judge so I can move forward with this eviction. An example would be perfect if anyone has one available. I would be so appreciative with any advice you can provide.

HELP!
That sounds extremely complicated and I suggest you invest in a lawyer.
 

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