If you file for bankruptcy, can you get evicted? 7 Answers as of March 24, 2015

If you have a judgment or eviction, does the eviction move forward? I read the bankruptcy law and it says if they do, they have to deposit a month's rent with the Trustee. If they file a stay, they have to bring the rent current in order to stay for 30 days more and the bankruptcy does not stop the eviction. I know Federal overrides State but that is what the new BK law reads or is it a Joke Law and doesn't get enforced?

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Law Offices of George H. Shers | George H. Shers
Bankruptcy law is a different area of the law that most attorneys do not handle. Since I do not practice BK law I looked up the code sections. If you have a writ of possession [which you apply for once you win the unlawful detainer action], the tenant filing for bankruptcy afterwards has no effect on the landlord's right to evict the tenant [law changed in 2005]. If the tenant files first, then there is an automatic stay of any litigation,which stay the landlord must ask the BK court to lift [the tenant does not have to ask the BK court to impose the stay as it is automatic]. The landlord can then proceed forward to get a writ of possession. If the judgment states it is satisfied if the judgment is paid in full, then by paying all the rent owed in the judgment, the landlord no longer has an enforceable judgment and can not evict the tenant. But if the judgment says nothing about how it can be satisfied, which is the usual situation, the tenant can "buy" an additional 30 days by paying the judgment or amount of rent due, and depositing 30 days of rent with the trustee [if the eviction is based upon failure to pay the entire rent due]. But that gives the tenant only an additional 30 days. So if the tenant does not have enough money to pay the rent or does not want to pay the full amount, why would they put up the 30 days and pay the rent due? Filing for BK does buy them the time it takes the landlord to get the stay lifted [you should be able to serve the three day notice before the stay is lifted because that is not an action in a court of law].
Answer Applies to: California
Replied: 3/24/2015
WEISSMAN LAW FIRM
WEISSMAN LAW FIRM | I.Donald Weissman
Yes. While a petition for bankruptcy may place a hold on a pending eviction the landlord may seek immediate relief by filing a motion with the bankruptcy court to set aside the "automatic stay" order and if granted, it allows the eviction to proceed.
Answer Applies to: California
Replied: 3/24/2015
The Orantes Law Firm
The Orantes Law Firm | Giovanni Orantes
The month's rent is deposited with the Clerk of the Court, not with the Trustee. Otherwise, the law is enforced, but the Sheriff's Office usually asks the attorney for the landlord how to proceed and the landlord needs to have a knowledgeable attorney who will give confident instructions to the Sheriff. In other words, if the Debtor has not made the deposit timely, the Attorney should instruct the Sheriff to proceed with the eviction. The Attorney has to follow the law very carefully, though, as getting it wrong can expose the landlord and probably also the attorney to sanctions from the Bankruptcy Court. Attorney for the Debtor should also follow the law very carefully to ensure the debtor enjoys the protections afforded by the Bankruptcy Code.
Answer Applies to: California
Replied: 3/24/2015
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
This section was added to the Bankruptcy Code as tenants were filing bankruptcy after the unlawful detainer was entered but before the Sheriff could evict them to slow down the eviction. What you stated about the deposit is exactly what the law says, and it can be, and is in fact enforced.
Answer Applies to: California
Replied: 3/24/2015
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
If you file a Chapter 7 no asset bankruptcy, it will be a brief delay in your eviction if you do not pay rent, depending upon how aggressive the landlord is.
Answer Applies to: California
Replied: 3/24/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    The landlord can get relief form the automatic stay and evict you. Every state is different as when you lose the right to redeem the property by paying the rent current. A judgement is certainly the end of the road.
    Answer Applies to: California
    Replied: 3/24/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    You've answered you own question. The automatic stay doesn't stop an eviction filed before the BK filing, but you can you the stay to get more time if you pay for it.
    Answer Applies to: California
    Replied: 3/24/2015
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