Legal Question in Real Estate Law 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.
2 Answers from Attorneys
That's a great question. It's not a real estate question, however, it is a bankruptcy question. In other words, you should repost your question in the category for bankruptcy, and word it as follows: When the bankruptcy court lifts the automatic stay, does it allow the landlord to obtain a judgment for unpaid rent, or only to recover possession of the premises?
One issue that I see is whether the bankruptcy court only lifted the stay partially?
I more or less agree with Mr. Roach, and I think the answer may lie in the wording of the relief from stay granted by the bankruptcy court......what are the specifics of the relief?
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