Legal Question in Bankruptcy in California

I filed for unlawful detainer in civil court, but my tenant filed for bankruptcy. I was able to get relief from stay and we are set for trial. I am confused as to what I may do from this point on. I understand I can go forward and obtain possession and lock out, but can I obtain a money judgment even if I do not enforce it? Or will the obtaining of the money judgment be in violation of the stay?

Thank you in advance for your help.


Asked on 6/19/12, 4:27 pm

1 Answer from Attorneys
Michael Grennier Grennier Law, PC - #1 Bankruptcy Filing Attorney in Ventura County

Because the debtors are under the protection of the bankrutpcy court and you are an unsecured creditor, your debt will be discharged. You may not obtain a money judgement, only an order for eviction. If they cause substantial damage to the property, you may have a 523 action available to you for intentional and malicious damage to property. Check out my web site for more information at nopainbk.com. Good luck.

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Answered on 6/19/12, 4:35 pm


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