Notice of motion and motion for relief from automatic stay

Asked over 1 year ago - Sun City, CA

I am a renter in ca and I filed a BK7, Desperate for time to get my barrings together. My BK7 was truthfully to have a automatic stay. The next day the creditor returned my motion with a Notice of motion and motion for relief from automatic stay. Tue. at 10:00 am is the court day on there Motion. upon the Judgement favoring the Movant's motion would you have an idea on my time line till I receive a notice of the sheriff lock out, also I have been looking into other areas and found section/ 11usa&360 real property, second I was reading on a mediatore program. If I may prior to my Bk 7 filling the Investor/Owner called the water company and had the water placed in his name and out of mine, I fought to get that put back in place after my bk7 he turned elect. off and in his name, with me here

Attorney answers (3)

  1. Brian Crozier Whitaker

    Contributor Level 17


    Lawyers agree

    Answered . In order to answer this question we need to know whether an Unlawful Detainer action was filed in State court prior to your filing the BK, and, if so, the status of that action on the date you filed.
    Your timeline could be anywhere from 10 days to a couple months.

  2. Robert E. Vosburg

    Contributor Level 10


    Lawyers agree

    Answered . Their motion for relief from the stay, if granted, will allow them to proceed with the Unlawful Detainer (eviction) in the state court. Like my colleague stated, we must know the status of that case, prior to the filing of the bankruptcy. You should consult with an attorney to go over the facts of your case and advise you of your options.

  3. Michael Avanesian


    Contributor Level 16


    Lawyers agree

    Answered . I personally don't think it's a good idea to file bk just to stay in a rental a few more days. Filing for bk is something special you do to restart your life, but here, it sounds like you're going to come out of bk owing $ to your landlord.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more

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