Are You a Southern California Landlord or Lender in Bankruptcy Who Needs Help?

Posted by on Sep 22, 2011 in Automatic Stay - Bankruptcy Code Section 362, Creditor's Rights in Bankruptcy | 0 comments

At JCH Law Firm, I, attorney Jeffrey Hsu, have experience helping creditors through the bankruptcy process.  Sometimes, landlords may find that their tenants filed a chapter 7 or chapter 13 bankruptcy to avoid eviction.  In some cases, an unlawful detainer has been filed; in other cases, a “UD” has not been filed.  In other cases, lenders holding deeds of trust or other security interests may find that their rights to real estate or other applicable collateral is tied up in a bankruptcy.

I am familiar with unlawful detainer actions, and I’ve successfully dealt with a case in which a tenant filed bankrutpcy but failed to notice the landlord, who filed an unlawful detainer action subsequent to the bankruptcy filing.  In such a case, I asked the court for relief from the automatic stay,  Additionally, I asked the court for nunc pro tunc relief and annulment of the stay as to the landlord in bankruptcy for the debtor’s failure to notice and include the landlord’s pre-petition claims in the bankruptcy filing.  The court has jurisdiction to decide such matters pursuant to 28 USC §1334 and §157(b)(2)(G).

I have also assisted lenders in recovering real estate where the borrower filed bankruptcy to invoke the automatic stay to stall a foreclsoure.  In these cases, the Movant is entitled to relief from the automatic stay pursuant to §362(d)(1) of the Bankruptcy Code due to Debtors’ inability to provide the Movant with adequate protection.  Alternatively, a Movant is entitled to relief from the automatic stay under §362(d)(2) of the Bankruptcy Code because the Debtor has no equity in the collateral and the collateral is not necessary for an effective reorganization.

JCH Law Firm has the ability and know-how to quickly guide landlords and creditors through the bankruptcy process to recover their rights in property.  Contact us at now at 626-999-5959 for your free consultation.

 

 

 

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