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Notice to Vacate and active Chapter 7 Bankruptcy.

San Diego, CA |

I filed a Chapter 7 Bankruptcy petition on Jan 15 2013 and after recieving notice from Bankruptcy court the landlord still served me a UD on Jan 24 2013. I did not respond and today Feb 8 2013 I recieved a "Notice to Vacate" from Sheriff office with a Judgementt for possession entered Feb 7 2013.

What should be the best steps to stop this?

Thank you.

Attorney Answers 4

  1. Speak with your bankruptcy attorney. Hire one if you filed the case on your own.
    Good luck.

  2. This is a violation of the automatic stay. Contact a local bankruptcy attorney for further assistance.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.

  3. In addition to following the advice already given, file a suggestion of bankruptcy.

  4. 1. Write a letter addressed to both the Landlord's UD attorney and the Sheriff saying your bankruptcy predates the UD and therefore the UD is void.
    2. Attach a copy of your bankruptcy notice (which should have your name, address, case number and filing date on it)
    3. Attach the Sheriff's Notice to Vacate
    4. FAX the letter to both the attorney and sheriff
    5. CALL both the attorney and sheriff a couple hours later to make SURE they both got the letter (keep notes as to the time of your call, the number called, and the full name of the person you spoke to you).
    6. Obtain off the internet the form "Notice of Stay of Proceedings". It is a Judicial Council form for all California courts. Fill it out with the computer or a typewriter, attach a copy of the bankruptcy notice, and file it at the Court. The Court should allow you to file it WITHOUT paying the first appearance fees (which can be very expensive and I recommend you NOT pay them even if they demand it and refuse to file your Notice of Stay, take notes as to who demanded the payment and speak with a supervisor).
    7. That SHOULD stop proceedings immediately.
    8. If ANYTHING else happens, you will need a bankruptcy attorney IMMEDIATELY and you should demand sanctions against whoever is continuing to proceed with the eviction.

    Good luck.

    opy to the landlord's UD attorney and to t

    Answers to questions are for general purposes only and do not establish an attorney-client relationship. This is not legal advice, simply information. You SHOULD NOT act on this information without consulting an experience bankruptcy attorney in your area and providing ALL relevant information.

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