What happens when a tenant files for bankruptcy?

Tenant has not paid rent on our property for over 6 months. We were awarded the judgement and paid the Sheriff to proceed with the lockoyut. Just 1 day beofre the lock out she filed bankruptcy and is still in our property. How is this possible when she is a tenant? What is our next step?

Asked on June 28, 2012 under Bankruptcy Law, California


Mark J. Markus / Mark J. Markus, Law Offices of

Answered 8 years ago | Contributor

Are you asking how it is possible that she filed bankruptcy, or how is it possible that it stopped the eviction?  What you need to do is file a Motion for Relief From the Automatic Stay to get permission from the bankruptcy court to complete the eviction.


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