Tenant bankruptcies will automatically delay an eviction case. It is one of the worst things that can happen for an honest landlord trying to recover possession of his property and possibly some unpaid rent.
Tenant bankruptcies have severe consequences to the tenant and his or her financial record, but in reality, many tenants do not care about their financial record or credit report, since their credit is already dismal. Tenants sometimes take advantage of unprepared landlords who did not do a prior eviction check or rental history/credit check prior to renting the property. A simple check may have revealed pertinent information that would have caused the landlord to not rent the property to the tenant in the first place.
Once a tenant files for bankruptcy, the pending eviction is automatically and immediately stopped. There’s nothing more than can be done with the eviction case until the tenant bankruptcy is completed or until the bankruptcy court removes the automatic delay and allows the eviction to continue.
Upon receiving permission from the landlord, my firm will work to remove the bankruptcy delay as quickly as possible. This usually takes about 4-6 weeks. Once the bankruptcy delay is removed, the eviction case can continue.
Click here for more information on relief from the automatic bankruptcy delay.
Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.
The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.
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