Legal Question in Bankruptcy in California

I live in a house I no longer own due to foreclosure... I filed chapter 13 bankruptcy. The owner rightfully so wants me to leave. I am disabled and I have been most recently in the hospital to detox. I have been unable to find another home as yet. The owner has filed for a hearing with the bankruptcy court in Santa Rosa Ca to get a judgement I believe to void the stay.. What will the bankruptcy court do? Will they at this point allow for a set number of days or would they rule in a quick eviction of 24 hours?

Asked on 6/06/15, 11:24 am

1 Answer from Attorneys

John Molina Jr. Law Offices of John Molina

The answer to your question depends on whether the new owner already filed an unlawful detainer (eviction) matter against you. If not, and the only thing that you are worried about at this time is whether the bankruptcy court's automatic stay will be lifted by the owner or not, then your new owner (and now landlord of the property) will only be able to proceed with process of an unlawful detainer matter.

You need an experienced attorney in the field of both real estate and bankruptcy in order to properly advise you of your rights and responsibilities in your current situation. Should you wish to speak to an attorney that can do just that, please contact our office at (888) 790-5053 and/or visit our website at

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Answered on 6/08/15, 3:10 pm

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