Legal Question in Bankruptcy in Nevada

mobile home eviction

I own my mobile home free and clear. However, I fell behind in space rent ( 15 months ). Due to cancer and no medical coverage, I fell behind on my post-petition payment for my space rent. They called my emergency contact person on my rental aggreement and this person went and pay me current, which enclosed my bk plan payments. I am now facing eviction again. How can I stop them from taking the only thing that I can say is mine?


Asked on 12/06/05, 5:38 pm

1 Answer from Attorneys

Mobile home eviction

You haven't provided enough information to let me answer this question with any certainty. Did your prior Chapter 13 get dismissed? Who is the magical "emergency contact person" who brought your payments current? And since the payments were brought current, why is there a problem now?

Even though you own the mobile home, if you don't pay the space rent, the landlord can claim a lien on your mobile home. If you can't afford space rent, you may haveto look for a place to live that you can afford. Maybe you can sell the mobile home & come out with some cash. Maybe you are entitled to get some kind of public benefits, such as social security, public housing assistance or other benefits in order to have income. I don't know enough about you to say.

Chapter 13 is a very expensive way to catch up on back rent. Unless you will have a better income in the future, you should probably cut your losses & stop throwing good money into a bad situation. The payments you make in a Chapter 13 are applied first to Administrative expenses, such as Attorney fees and the Trustee's commission. The Landlord gets paid last. If you stopped making your Plan payments during the first year of the Plan, the Landlord probably got paid nothing.

It is unfortunate that you did not seek legal advice before filing Chapter 13. I suspect it is not giving you what you wanted and is not appropriate for your situation.

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Answered on 12/06/05, 7:29 pm


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