Legal Question in Real Estate Law in California

how do ir e-open a unlawful detainer case if they have issued me writ and summary judgment to vacate my home., but case has been closed.

But the bankruptcy court has issued a order not to file foreclosure feb 2011. help vacate notice is in 5 days


Asked on 11/16/10, 11:01 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You need to restate your questions as parts do not make sense. If you have filed for bankruptcy no court action can be taken as to any other issue, so an unlawful detainer action should be barred. But you are saying you have to be out by Sunday/Monday. You probably need to speak immediately with an attorney as reposting your question, even if you turn it into a paying question, may not get posted until after you have been evicted.

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Answered on 11/22/10, 12:05 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. Shers. You don't give us enough information, and that leaves the limited information you did provide sounding self-contradictory. With so little time before you have to be out, according to the writ of possession, re-opening a closed case may be untimely, although there are ways to do so when and while the timing is correct, including request for new trial, for reconsideration, appeal, and correction of error under Code of Civil Procedure section 473,

Also, bankruptcy may not stop a landlord or new owner from carrying out a writ of possession. It may depend upon when the unlawful detainer case was tried and decided in relation to when the automatic stay of the bankruptcy went into effect.

At this point, I think you need to see a real live lawyer. If you are quite sure the bankruptcy stay should prevent the eviction, at least until the plaintiff gets relief from the automatic stay, maybe you should speak directly with the plainitff or its lawyer.

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Answered on 11/22/10, 8:38 am


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