What we do when your tenant files for bankruptcy

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What we do when your tenant files for bankruptcy

During an eviction (unlawful detainer) your tenant may file bankruptcy. If you haven’t made it to trial and the tenant files bankruptcy, you can’t even deliver any termination notice if you haven’t started the process already.

This is due to the “Automatic Stay” that goes into effect once a tenant files bankruptcy. In essence, the State trial court loses jurisdiction to enter judgment. Instead of being able to continue the state court lawsuit for eviction. Your attorney will have to file a motion for relief from stay to continue to prosecute the action in State court.

There are many companies that advertise ways to delay eviction and filing a bankruptcy is one of them. Luckily, our attorneys are admitted to the Federal Court and can file a motion for relief from the bankruptcy court and attend the hearing. After the bankruptcy judge sends the case back to the state court we can continue to prosecute the eviction. Unfortunately there is no way to prevent a tenant from filing bankruptcy. Tenants being evicted are often times so desperate that they will try anything to stay in the property for as long as they can. Luckily all of our attorneys are well versed in motions for relief from the automatic stay and will tell you as soon as we can if a bankruptcy is filed as well as get the necessary documentation to get them out of your property as quickly as we can.

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Eviction Law Group - Long Beach Eviction Lawyer
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Long Beach, CA 90806.
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