Bankruptcy

[Josephlaw]

When trying to evict a tenant, and the tenant files for bankruptcy way before you file for eviction(which I was unaware of), how likely will the bankruptcy court lift or enable the landlord to move forward with the eviction?

They filed for chap. 7 bank.

Is it true that they can only file for bankruptcy once every 7 years?

thanks,
Joseph

 

[Michael Wechsler]

Originally posted by Joseph_law
When trying to evict a tenant, and the tenant files for bankruptcy way before you file for eviction(which I was unaware of), how likely will the bankruptcy court lift or enable the landlord to move forward with the eviction?

They filed for chap. 7 bank.

Is it true that they can only file for bankruptcy once every 7 years?

Yes, it is true that they can only file for bankruptcy once every seven years. While an automatic stay may be able to be obtained by the tenant, my understanding is that this protection will not last very long and the landlord can move forward to lift the stay and evict the tenant.

 

[Josephlaw]

Professor,

What I don't understand is how is a tresspasser (CA penal code 602.3) protected from chap. 7 bankruptcy?

Can you show me where this may be documented?

thanks,
Joseph

penal code:
602.3. (a) A lodger who is subject to Section 1946.5 of the Civil
Code and who remains on the premises of an owner-occupied dwelling
unit after receipt of a notice terminating the hiring, and expiration
of the notice period, provided in Section 1946.5 of the Civil Code
is guilty of an infraction and may, pursuant to Section 837, be
arrested for the offense by the owner, or in the event the owner is
represented by a court-appointed conservator, executor, or
administrator, by the owner's representative. Notwithstanding
Section 853.5, the requirement of that section for release upon a
written promise to appear shall not preclude an assisting peace
officer from removing the person from the owner-occupied dwelling
unit.
(b) The removal of a lodger from a dwelling unit by the owner
pursuant to subdivision (a) is not a forcible entry under the
provisions of Section 1159 of the Code of Civil Procedure and shall
not be a basis for civil liability under that section.
(c) Chapter 5 (commencing with Section 1980) of Title 5 of Part 4
of Division 3 of the Civil Code applies to any personal property of
the lodger which remains on the premises following the lodger's
removal from the premises pursuant to this section.
(d) Nothing in this section shall be construed to limit the owner'
s right to have a lodger removed under other provisions of law.
(e) Except as provided in subdivision (b), nothing in this section
shall be construed to limit or affect in any way any cause of action
an owner or lodger may have for damages for any breach of the
contract of the parties respecting the lodging.
(f) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.

 

[Josephlaw]

Any opinion on this?