L
LSR1
Guest
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.
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.