Legal Question in Real Estate Law in California

Eviction and Bankrupcy filing (chapter 7)

My tenants are filing chapter 7 in the middle of eviction process.

Will they be able to stay longer in my house? if so, how long?

Will I be able to collect the money they owe me?


Asked on 11/03/09, 3:01 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You should seek out an attorney to help you. You will want to immediately file a motion in bankruptcy court for relief from stay to permit you to continue with the eviction. (You might suffer a delay of about 2 weeks or so, if you move promptly.) More than likely, though, you will not be able to recover money from them, unless you can prove that they maliciously injured you -- such as removing the plumbing, wiring, fixtures, etc., when you told them they had to move. Good luck!

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Answered on 11/08/09, 2:36 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. Cohen is right, but something needs to be added. When you say "are filing," do you mean that they expect to do so in the near future, or have they already filed?

The automatic stay of bankruptcy will stop (temporarily) a pending unlawful detainer action, but it will not stop enforcement of a judgment in you favor including a writ of possession authorizing the sheriff to put you back in possession.

The key is whether you won your UD case before the bankruptcy was filed and the immediate stay became effective.

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Answered on 11/09/09, 12:08 am


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