What happens if a tenant files for bankruptcy? -in California La

来源: 2012-07-04 15:15:21 [旧帖] [给我悄悄话] 本文已被阅读:


A  Filing for bankruptcy triggers an "automatic stay."  This means that the landlord temporarily can do nothing to enforce the lease.  For example, the landlord cannot serve a three-day notice, file an unlawful detainer action, or even continue with a pending action against the tenant.  (11 U.S.C. § 362(a).)  However, the bankruptcy code permits the continuation of any eviction, unlawful detainer action, or similar proceeding by a lessor against the debtor/tenant of residential property so long as the lessor has obtained a judgment for possession of the property before the date of the filing of the bankruptcy petition. (11 U.S.C. § 362(b).)


In addition, the law also permits an eviction action that seeks possession of the residential property based on endangerment of the property or the illegal use of controlled substances on the property, but only if the lessor files with the court a certification under penalty of perjury that such an eviction action has been filed, or that the debtor, during the 30-day period preceding the date of the filing of the certification, has endangered the property or illegally used or allowed to be used a controlled substance on the property. (11 U.S.C. § 362(b).) 


Generally the landlord must file a "Complaint for Relief from Automatic Stay" in the tenant's bankruptcy and obtain bankruptcy court approval before proceeding with the eviction.  Bankruptcy law is very complex.  When faced with this issue, the landlord should consult a bankruptcy attorney for advice and assistance.