Legal Question in Landlord & Tenant Law in California
previous landlord lawsuit
Can I continue my lawsuit against my previous landlord during his bankrupsy? ( I had filed lawsuit before he filied bankrupsy).
3 Answers from Attorneys
Re: previous landlord lawsuit
No. BK stops all such lawsuits. If the landlord intentionally caused you harm, you can ask the Bk court for relief from the stay.
Re: previous landlord lawsuit
Follow the advice of Mr. Cohen.
Re: previous landlord lawsuit
No, you cannot continue the lawsuit. When the landlord filed bankruptcy, you received a notice of automatic stay from the Court - read it. It specifically tells you that you cannot proceed with any adverse action against the debtor (landlord) until you receive permission from the Court. If you believe that the basis of your lawsuit involves some non-dischargeable act on the landlord's part (you'll need to consult with a bankruptcy attorney for this information), then you could seek to have the obligation owed to you excepted from his discharge. Whatever you do, consult with a bankruptcy attorney first to determine what you can and cannot do.
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