Tenant Files for Bankruptcy in California – Obtaining Relief from the Automatic Stay

Generally, a tenant bankruptcy results in an automatic delay in the California eviction process.  The landlord’s goal will be to minimize that delay and get the tenant out of the house as quickly as possible.

When a tenant files for bankruptcy, landlords may continue to collect rent, terminate the tenancy, or continue with the eviction process, only after first receiving relief from the automatic stay from the bankruptcy court.

The landlord is required to show that he is not “adequately protected” or that the tenant has no equity and the property is not necessary to complete the bankruptcy.

The bankruptcy court will then either 1) allow the landlord to continue with the eviction process in California, or 2) grant the landlord “adequate protection” of  his interest.

When the bankruptcy court lifts the automatic stay, the landlord can then proceed with the eviction process.

For more information:

For help evicting a tenant, contact the Law Office of David Piotrowski.

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This article is courtesy of the Law Office of David Piotrowski, a California law firm representing landlords with eviction matters.

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The Law Office of David Piotrowski

represents California landlords.

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