[WSBARP] Defendants filing BK to delay litigation.

[Christopher Thayer]

With regards to the bankruptcy, you can apply for what is known as an “in rem” Order Granting Relief from Stay – so that no matter who files bankruptcy you have relief and can proceed with an eviction.  There is some case law on this, thought I have not had to do one of these in several years.

Christopher L. Thayer
Managing Partner
PIVOTAL LAW GROUP, PLLC
www.PivotalLawGroup.com
600 University St.; Suite 1730
Seattle, WA 98101
Tel:(206)340-2008/Dir:(206)805-1494/Fax:(206)340-1962

PLEASE NOTE: We are moving effective 10/1/2015.  Our new address will be 1200 5th Ave., Suite 1217, Seattle, WA 98101.  All other contact information will remain the same.




From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Danielle Flatt
Sent: Tuesday, September 08, 2015 3:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Defendants filing BK to delay litigation.

Good Afternoon,
Looking for advice in the following situation: My client purchased a property at foreclosure, and is trying to evict the occupants.  Already, two defendants have filed bankruptcy, about a month apart, listing the property as their address.  Relief from stay is being sought.
Client believes there is something suspicious happening in the house, and is worried that the defendants will keep moving people into the house and have person after person file bankruptcy as a delay tactic.
Is a pre-judgment writ appropriate in this situation?  Are there suggestions to prevent/get ahead of these cascading dominoes of bankruptcy filings?


Best Regards,

DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC
234 SW 43rd St, Suite MA | Renton, WA 98057
t: 206.973.3500 | f: 206.577.5090| e: danielle at dimensionlaw.com<mailto:danielle at dimensionlaw.com>| www.dimensionlaw.com<http://www.dimensionlaw.com>


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