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Effect of Bankruptcy Filing on Residential Unlawful Detainer

The general rule that the filing of a bankruptcy petition results in an automatic stay in a lawsuit and post-judgment collection is not as straightforward in the context of residential unlawful detainer actions in California.   The rule for unlawful detainers in California is a residential tenant’s bankruptcy filing does not stay eviction under an unlawful detainer judgment obtained  before the filing of the bankruptcy.  11 USC section 362(b)(22). In other words, if the landlord has already obtained a judgment against the tenant in an unlawful detainer action, the tenant’s post-judgment filing of a bankruptcy petition will not result in an automatic stay.  In that situation the landlord will still be able to obtain a writ of possession and recapture possession of the property. The

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Posted in Lease Bankruptcy, Real Estate Attorney Los Angeles, Residential Lease Unlawful Detainer

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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