Southern California Bankruptcy and Evictions – How Does this Work?

Posted by on Mar 21, 2012 in Foreclosure & Bankruptcy | 0 comments

So you have a property that is subject to a 3 day notive to pay rent or quit in California.   What now?   Well that depends on whether the unlawful detainer has been filed or not.   Where the “UD” has not been filed, the landlord will generally be unable to continue an unlawful detainer action although there may be other requirements of the debtor under 362 of the bankruptcy code in the interim.

Where the bankruptcy is filed after a UD has been filed, the UD action can generally continue pending the landlord’s request for relief from the automatic stay.   In such cases, the lease is actually terminated pursuant to the 3 day notice once the UD action is filedd.   The UD determines whether the termination of the lease can be upheld and therefore can continue.

Knowing these distinctions can make all the difference.  You need to contact a bankruptcy attorney if you are facing eviction and are contemplating bankruptcy.

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