If you are in Chapter 13 bankruptcy, then the landlord is already stayed from filing the unlawful detainer. If your business is a separate entity from you, and you are personally in the bankruptcy then your personal bankruptcy does not create a stay, unless you individually are a guarantor, or codebtor on the lease. Then you would have protection from the co-debtor stay. From the description you have a lot of issues to consider, such as statute of limitations. Depending on the type of bk, you may be able to reject the lease out right. You may also bring your action as an adversary proceeding in the bk, and get an injunction, even if the landlord has relief from stay. You need an attorney to get these details and propose a solution for this. The fact the landlord participated in the negotiations alone, does not sound like fraud. Usually in a sale of business the landlord has to participate to allow the assignment of the lease. You seem to suggest the landlord had a duty to disclose the financials of the business seller. So, again, you need to have an attorney knowledgeable in commercial transactions, and bankruptcy to review this matter.

Are you looking for help with the fraud suit?

Best,

Daniel Bakondi, Esq.

danielbakondi@yahoo.com

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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