In most scenarios, if your tenant files for bankruptcy before a judgment regarding possession of the property is entered, your eviction case is automatically delayed, and there’s very little that can be done about it. Basically, you as the landlord, and the state court where the eviction case is being heard, automatically loses their ability to proceed with the eviction case until the automatic bankruptcy stay is lifted. This normally takes a minimum of 30 days.
If you don’t already have an attorney at this point, you should obtain one. Work will need to be done at the bankruptcy court level to attempt to get the automatic bankruptcy stay lifted. You will not be able to proceed with the eviction until after the bankruptcy automatic stay is removed.
For more information on tenant bankruptcies and the automatic stay, refer to the following blog posts:
- Relief from Automatic Stay in Tenant Evictions in California
- Exceptions to Automatic Stay in Tenant Evictions in California
- Automatic Stay on Evictions When Tenant Files for Bankruptcy in California
- Tenant Files for Bankruptcy in California – Obtaining Relief from the Automatic Stay
The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.
Click here for more eviction blog posts.
You may also use the “search” feature on the Law Office website here.