Legal Question in Bankruptcy in California
I filed for unlawful detainer in civil court, but my tenant filed for bankruptcy. I was able to get relief from stay and we are set for trial. I am confused as to what I may do from this point on. I understand I can go forward and obtain possession and lock out, but can I obtain a money judgment even if I do not enforce it? Or will the obtaining of the money judgment be in violation of the stay?
Thank you in advance for your help.
1 Answer from Attorneys
Because the debtors are under the protection of the bankrutpcy court and you are an unsecured creditor, your debt will be discharged. You may not obtain a money judgement, only an order for eviction. If they cause substantial damage to the property, you may have a 523 action available to you for intentional and malicious damage to property. Check out my web site for more information at nopainbk.com. Good luck.
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