Leasing company filed motion to remove automatic stay!!!

[twiz88]

Update on Case! Spoke with clerk and today was the last day for any objections and all final documents were due. I asked about the RFS hearing and he stated that most likely the hearing wont take place because the case is due to discharge this week. He also stated that a letter will go out in regards to the motion filed. The motion will be granted simply because the case is due to discharge.

[justbroke]

It would be granted as "moot". I think it would be granted anyhow, moot or not.

[bcohen]

So what do you suggest the OP do in order to make sure he continues to have a place to live, and not wastes money which he could use to start over in a different apartment? In other words, it is entirely possible that he could pay the back rent, and they could still try to evict anyways, in which case, he would have wasted money that could be used to pay the deposits somewhere else. Is he better off finding another apartment ASAP, using the next week or two to move, and not paying anything more toward the one he presently has? Since the property management company is claiming that by not explicitly assuming the lease, he has agreed to surrender the premises, can he go ahead and do that under the bankruptcy?

[justbroke]

I had made the suggestion that the debtor work on a stipulated motion with the landlord and/or the landlord's attorney to come current. In any event, the landlord would still need to follow the State's non-bankruptcy process for an eviction. There is sure to be some sort of redemption method even within the State's non-bankruptcy eviction process.

As for your suggested strategy, bcohen, I agree. The debtor could just start over with a new complex, but a "fresh" bankruptcy is there. I too would not want to pay the back rent only to be evicted anyhow. This is why a stipulated agreement, in writing, needs to be drawn up and executed by both parties involved.

There is something that I'm still entirely missing here! If the landlord was just trying to not violate the automatic stay, then they should be very amendable to receiving the back rent, plus any fees, and re-instating the lease as current. For the landlord to pursue anything else, tells me that they either do not want to honor the lease any longer, or there were other lease issues.

To twiz, you really need to work this with the landlord's attorney. I believe you contacted them already, but you did not list or suggest any path forward. You keep worrying about the RFS, but not worrying about the underlying issue, the lease itself. With or without the RFS, it looks like your landlord wants this in eviction court for non-payment. If you have the landlord attorney's ear, then you should be talking about a stipulated settlement to come current.

[twiz88]

So what do you suggest the OP do in order to make sure he continues to have a place to live, and not wastes money which he could use to start over in a different apartment? In other words, it is entirely possible that he could pay the back rent, and they could still try to evict anyways, in which case, he would have wasted money that could be used to pay the deposits somewhere else. Is he better off finding another apartment ASAP, using the next week or two to move, and not paying anything more toward the one he presently has? Since the property management company is claiming that by not explicitly assuming the lease, he has agreed to surrender the premises, can he go ahead and do that under the bankruptcy?

GOOD POINT!!!!! I agree If I pay that money back and then they still decide to evict that would really be bad for me. But the motion filed was just to have the stay lifted because of non payment. I would think they would state somewhere in the motion that they want me to pay and also leave. I have been in contact with the lawyer looks like they just want the money for the rent. Thinking i should give them another call before I give them all these money.

[twiz88]

I had made the suggestion that the debtor work on a stipulated motion with the landlord and/or the landlord's attorney to come current. In any event, the landlord would still need to follow the State's non-bankruptcy process for an eviction. There is sure to be some sort of redemption method even within the State's non-bankruptcy eviction process.

As for your suggested strategy, bcohen, I agree. The debtor could just start over with a new complex, but a "fresh" bankruptcy is there. I too would not want to pay the back rent only to be evicted anyhow. This is why a stipulated agreement, in writing, needs to be drawn up and executed by both parties involved.

There is something that I'm still entirely missing here! If the landlord was just trying to not violate the automatic stay, then they should be very amendable to receiving the back rent, plus any fees, and re-instating the lease as current. For the landlord to pursue anything else, tells me that they either do not want to honor the lease any longer, or there were other lease issues.

To twiz, you really need to work this with the landlord's attorney. I believe you contacted them already, but you did not list or suggest any path forward. You keep worrying about the RFS, but not worrying about the underlying issue, the lease itself. With or without the RFS, it looks like your landlord wants this in eviction court for non-payment. If you have the landlord attorney's ear, then you should be talking about a stipulated settlement to come current.

I will take your suggestion and talk to them one more time before I actually hand them this money. Thanks for all your information very helpful. But the motion just shows the amount they want to be paid. While talking to their lawyer he was very upfront and cool about it, so I don't believe they will kick me out after paying but now it has me really thinking if I should go ahead and leave.....just a thought thou.

[twiz88]

It would be nice if this forum had webcams for group discussions because topic like the above is hard to type about... its best described verbally. I typed a long reply but the CPU froze and it had good detail.

[justbroke]

I'm just trying to motivate you to talk to the attorney and get an agreement in place. If you can get it in writing, the better. Just make sure the writing is not too complicated.

[bcohen]

I'm just trying to motivate you to talk to the attorney and get an agreement in place. If you can get it in writing, the better. Just make sure the writing is not too complicated.

Yes, get the agreement in writing BEFORE any money changes hands. And in the meantime, start looking for another place to live ASAP. As long as you are employed, and have money for deposits, this should not be too difficult.

[justbroke]

I love the thought of a back up plan!