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DELAY TACTICS OF TENANTS - UPDATE - OCT. 2013
Can Bankruptcy Stop An Eviction?
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The Latest Eviction Delay Tactics

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New Eviction Laws in Effect on January 1, 2011
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Eviction Delay Tactics

DELAY TACTICS OF TENANTS - UPDATE - OCT. 2013

The most prevalent delay tactic at the moment is that tenants will file bankruptcy the day before trial and force its continuation.  First they will file a Chapter 7.  You then wait two weeks for the Trustee in Bankruptcy to throw it out due to lack of Schedules, or one of the mandated disclosure documents.  If you're lucky, you continued the trial date for a month, because then the next antic they pull is to file a Chapter 13.  Then it's another 2-week wait.  The Trustee will automatically kick it out if the necessary documents are not provided, but they've already bought themselves a month in delay.

Can Bankruptcy Stop An Eviction?

A bankruptcy can stop an eviction, but it depends on whether or not it is a "skeletal" bankruptcy or a bona fide filing.  A "skeletal" bankruptcy is one that is done with the bare-bones documents in order to get it on file.  That is, the Petition, the list of three main creditors, the credit counseling certification and the Declaration regarding the Debtor's  Social Security number.  In a bona fide filing, these documents would be filed, but also the filing would include Schedules, which are detailed documents reflecting the true financial picture of the Debtor.

The Latest Eviction Delay Tactics

Because you can find anything you want on the internet, there are many new delay tactics out there that are being utilized by defendants in unlawful detainer actions.  The latest is the removal of the case from state court to federal court by feigning a federal court issue.  This does work in delaying the matter for a few weeks, but it is risky and the federal courts are wise to it.  Also, the Defendant is leaving the door open for sanctions, which the courts are now granting with regularity.
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