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After filing bankruptcy, my previous landlord locked me out and took my possessions. Can I get my possessions back?

Cypress, CA |

I had a judgment against me for an eviction. I filed bankruptcy but landlord had the Sheriff evict me the next day nonetheless. Landlord agreed to let me get my belongings but when I returned he had locked me out and now they have my possessions which they are not returning.

Their attorney shows up to my bankruptcy hearing and asked questions which are not relevant. They had my hearing continued so that I could make amendments . Now the landlord's attorney is demanding I tell them the name and address of my new landlord, a copy of my new lease, requesting receipts for things I had purchased years ago, etc. Do I have to provide this? They threatened to make my life "hell" and I do not want them talking to my new landlord. Plus they have not returned my things!

Attorney Answers 3

  1. You need to discuss these issues with your lawyer. If you don't have one, it is a lesson in how things can go if you don't get good advice and have someone handle your case. There is more to the story, such as whether the landlord believes you took something that does not belong to you and the accuracy of your schedules. You may have a good argument to get your property back immediately, but you have to know how to go about it. Get lawyer and avoid more problems.

  2. Sounds like you are pro se? You should hire an attorney. You may have grounds for an adversary against the landlord. An adversary is a separate lawsuit inside the bankruptcy. You must ask fast

  3. I concur with the advice given by atty Busby and atty Riddle. The automatic stay has limited effect against a landlord with a judgment for possession of the premises. It is possible that the atty for the LL did not get notice of your BK for some reason. Even if he did not get notice you have some limited protection by virtue of the Automatic Stay. Retaining your personal property at this point does not seem justified. If you have positive evidence that the LL atty has notice of your BK, have your lawyer contact him and make arrangements to get back your property. I do not believe you are required to provide any documents you described. The trustee is entitled to request documents from you in connection with the administration of your case. Get a BK lawyer ASAP.

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