Bankruptcy and Tenants-Modesto Lawyers California

People facing eviction often times decide to file for bankruptcy to stay in their property a few extra months. When landlords wants to evict tenants, they must file a lawsuit referred to as an “unlawful detainer” and get a judgment against the tenant. With that judgment in hand, the landlord can go to the Sheriff’s department and get a writ. The Sheriff’s department will then inform you that you have a few days to leave the house, or you will be physically removed. It’s important for tenants to file for bankruptcy before the land lord gets his judgment because a tenant will most likely not be able to halt the eviction process after the landlord has his judgment. However, if the landlord doesn’t have his judgment and you file for bankruptcy, the automatic stay will most likely prevent your landlord from evicting you. He will have to file a motion with the court and ask for “relief from automatic stay” to get you out of the home.

Endangering Property or Use of Controlled Substance-Attorney Modesto, CA

The automatic stay doesn’t apply to a landlord wanting to get rid of a tenant for endangering the property or use of controlled substances on the property. There is no requirement that the landlord have a judgment in hand if he is evicting his tenant for the above reasons. The landlord may continue with the eviction process after you file for bankruptcy. In order for the landlord to evict the tenant in this situation he must file and serve via certification showing that: an eviction has been filed against you for endangering the property or use of controlled substance. If your landlord serves these papers he can proceed with the eviction 15 days later. A tenant can challenge the landlord in this situation by filing an objection and the court will have a hearing within 10 days.

Lifting the Automatic Stay-Attorneys Modesto, California

As a practical matter the court is going to lift the automatic stay if the landlord makes the request. The trustee doesn’t really care because your lease is not something of value to the bankruptcy estate, so don’t bet on winning this hearing.