Legal Question in Real Estate Law in California

Re: eviction/ bankruptcy

First, if your bankruptcy filing does not list the substantial amount of back rent you owe, it is defective and should be corrected. Failure to file accurate schedules could cause your bankruptcy petition to be dismissed. I am not a bankruptcy specialist and therefore cannot tell you whether this omission is very serious nor how to make the corrections, but you should try to get this matter handled promptly.

Second, filing bankruptcy automatically prohibits the landlord from enforcing the lease in any way, including serving a three-day notice or filing an unlaful detainer action. Failure of the landlord to observe the stay of collection and enforcement actions can result in imposition of sanctions on the landlord.

The landlord's next step is usually to ask the bankruptcy court for relief from the automatic stay, which will require a hearing in the bankruptcy court. The court will ordinarily grant relief and the eviction process will resume.

If you are using an attorney in your bankruptcy proceeding (and you should), ask that attorney for assistance in bringing your filing up to snuff and for advice on handling the landlord's likely next action, the petition for relief from the automatic stay.