Legal Question in Bankruptcy in California

Does filing bankruptcy stop an eviction?

If given a five day notice from the sheriff does filing bankruptcy give a few more days?


Asked on 4/02/00, 2:24 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Does filing bankruptcy stop an eviction?

Technically, I do not believe that bankruptcy stays a writ of possession on property in which the debtor no longer has an interest on the date the bankruptcy case is filed. However, as a practical matter--just to be safe--sometimes the landlord will seek bankruptcy court permission before continuing with the eviction.

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Answered on 4/17/00, 8:59 pm


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