Legal Question in Bankruptcy in California

Eviction after filing Bankruptcy

I was given an eviction notice after Bankruptcy was already filed. Can A stay order be issued?


Asked on 1/18/07, 11:52 am

2 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: Eviction after filing Bankruptcy

The Stay in bankruptcy is, in most cases, automatic. You don't need a "Stay Order" unless you had a prior bankruptcy case filed and dismissed within 12 months prior to the current one.

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Answered on 1/18/07, 11:56 am
Amy Ghosh Law Offices of Amy Ghosh

Re: Eviction after filing Bankruptcy

You need to show the unlawful detainer judge a copy of the BK. Eventually landlord will ask for relief for automatic stay.

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Answered on 1/18/07, 12:40 pm


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