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).


Asked on 8/11/08, 10:38 am

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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.

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Answered on 8/11/08, 11:08 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: previous landlord lawsuit

Follow the advice of Mr. Cohen.

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Answered on 8/11/08, 11:10 am
David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 8/11/08, 1:00 pm


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