Legal Question in Real Estate Law in Texas

Eviction and Bankruptcy

I filed for eviction, won judgement in court (they did not show up), waited for them to appeal or move, did not happen, filed writ, writ served and after served their attorney contacted me to say the filed chapter 13, in the mean time their lease is up, do I have any rights, if so what are they?


Asked on 5/23/08, 11:01 pm

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Eviction and Bankruptcy

I think you emailed me personally regarding your previous answer. The email was in my spam folder and I didn't recognize the sender. After I deleted, I realized that the header addressed the subject of your inquiry. If you wish to ask further questions, please email again and I will gladly respond.

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Answered on 5/25/08, 9:42 am
Cheryl Rivera Smith The Smith Law Firm

Re: Eviction and Bankruptcy

You can file a motion with the bankruptcy court and request that the automatic stay be lifted which, if granted, will allow you to continue to remove the tenants. Simultaneouly you should contact the bankruptcy trustee and file a proof of claim. Bankruptcy courts are sympathetic to landlords and will provide an expedited hearing if requested.

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Answered on 5/24/08, 10:15 am


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