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Living in modesto ca area. how can the sherffs serve a 5 day notice and a bankruptcy was filed to stop the lockout with proper

Oakdale, CA |

dates come back 4 months later with no new move out dates. doesnt a new 5 day lock out have to be served

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Attorney answers 3


Was the sheriff and the landlord notified about the bankruptcy? If so, you may have a suit for violating the automatic stay & should meet with a local bankruptcy litigator. If the stay was lifted, you may have used up your last option. Hope this perspective helps!


Unfortunately, sometimes a bankruptcy does not stop an eviction if the court has already ordered the eviction. When filing the bankruptcy a special showing must be provided. A bankruptcy attorney can help with this.


I am having a difficult time understanding your facts and question.

IF the 5 day notice was issued before the bankruptcy was filed AND
IF the 5 day notice was served before the bankruptcy was filed AND
IF your bankruptcy is now closed (whether by discharge or dismissal) THEN
the 5 day notice can now be ACTED ON and you can be locked out.

The bankruptcy simply "tolled" (or stopped the clock) on the 5 day notice, but the clock starts right up again as soon as you are no longer protected by the automatic stay (i.e., when the case was closed).

So, generally speaking, NO they don't have to start all over again if all their required actions were completed before your bankruptcy was filed. They just wait until the bk is over.

You probably need a good landlord/tenant attorney or a bk attorney to verify all the "ifs" I listed above.

Good luck.

If you need further clarity, please email me at MICHAEL@MIRELAND.US Answers to questions are for general information 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 a competent bankruptcy attorney in your area and providing ALL relevant information.