What happens when a tenant files for bankruptcy?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 9 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.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption