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Motion to Lift the Automatic Stay/ Pacer

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    Motion to Lift the Automatic Stay/ Pacer

    Hi All -

    Just wondering if i would see a request to lift the automatic stay , if my landlord has made that request , in Pacer .

    Basically my landlord has filed a summary process to evict myself and the other tenants in my building , after the other tenants ( after repeated requests to fix issues with the house, to the landlord) went to the board of health and they found about 20 Violations in the house.

    My BK Ch 7 case was filed on 7/31 and i have a 341 hearing on 8/29. I also have a Housing court date on 8/12. My BK lawyer has contacted the landlords attorney and asked him to stop the eviction process, since we have filed, and has told me i shouldn't have to appear on 8/12 , but i still want to make sure , and be ready for Trial on 8/12 if it doesn't go as planned. I don't see any entries on Pacer stating anything like this , but was hoping that maybe more senior members might have better insight than i do on this.

    Thanks

    #2
    I am not familiar with these issues at all, so anything I suggest here is educated guessing....

    I am not sure that a landlord has to file a motion to lift the Stay for an eviction. But, when we were in our BK, we noticed that the front, opening page of PACER lists other Courts beside the Bankruptcy Court. Eviction will be a civil matter in your local area's Civil Court. I suggest going on PACER, and have a look to see if anything is there under your Civil Court,

    Your Civil Court may also have a webpage of its own with schedules. In Florida, these fall under the jurisdiction of the County Clerk of Court. For anything in our county, I go to our Clerk of the Circuit Court page and look for Civil Court schedules, or Public Records. You may have to become 'creative' with some of your search terms.

    Good luck!
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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