We have a writ of possession to a com. property. The tenant filed bankruptcy 2 days prior to lockout.Can we proceed with lockout

Asked over 1 year ago - Los Angeles, CA

Tenant filed bankruptcy 2 days prior to lockout. Can we proceed with lockout or do we have to go through bankruptcy court? We have writ of possession.

Additional information

Do we still have to get relief from stay even though we already have the writ of possession, I was reading the Department of Consumer Affairs (CA) website states that if the writ of possession has been given, we can proceed with the lockout....Thanks in Advance

Attorney answers (3)

  1. Brad S Kane

    Pro

    Contributor Level 18

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    Answered . You must seek relief from the automatic bankruptcy stay or other approval before proceeding. Otherwise, you could face very serious sanctions from the bankruptcy court.

    I will edit the practice area, so you can hear more specifics from bankruptcy lawyers.

  2. Michael Raymond Daymude

    Pro

    Contributor Level 20

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    Answered . I agree with Mr. Kane. You need to seek relief from stay, despite your judgment for possession, because the tenancy is in commercial real property.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Michael Avanesian

    Pro

    Contributor Level 16

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    Answered . I agree. It's so easy to sue people for not obtaining relief from stay. That's why, a big bank, even when entitled to relief automatically still double checks with the court by filing a motion. You don't want to risk it!

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

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