If a tenant files a Chapter 7 petition 7 days before a unlawful detainer action. I believe the UD has to be dismissed and re- served once the Landlord has relief from stay.
But what about If a tenant files a Chapter 7 petition 7 days before a unlawful detainer action and the tenant or Bankruptcy court request dismissal of the Bankruptcy case 14 days after unlawful detatainer case was filed.
Does the landlord have to still dismiss original UD action and re-serve just like a relief from stay or can the landlord just go in and get a judgement for possesssion since the Chapter 7 case was just was dismissed.
If case is dismissed the tenant still has the stay protection during the time frame before dismissal, correct?