Court Allows Owner to Evict Tenant Who Has Filed Bankruptcy

Creditor-Side Bankruptcy and Unlawful Detainers & Evictions by Henry Chuang, Esq.

Many previously-decided cases have held that an owner cannot evict a tenant who has filed bankruptcy, without approval of the bankruptcy court. Fighting the automatic stay is often a struggle for owners who want to remove the party that defaulted. However, in a recent 9th Circuit U.S Court of Appeals decision, the Court reversed a host of past decisions and held that a tenant no longer has an interest in the property once an owner or landlord obtains a judgment in an unlawful detainer proceeding. The case has been appealed to the United States Supreme Court, and Henry Chuang covers the case in his blog.

Read Blog

Latest Posts

Real Estate Contracts & Transactions

Out of Contract? Not So Fast…

by Adam Pedersen, Esq. on August 28, 2018

In the highly-competitive real estate market in California, agents are being more aggressive in enforcing contract terms. So before you tell your client that you are “out of contract”, you might want to be sure the contract is actually cancelled! [Read More]

Landlord & Tenant Law

What a Three-Day Notice to Pay Rent or Quit Really Means

by Lorena Roel, Esq. on September 20, 2018

It is after Labor Day weekend and that means school supplies, summer vacation credit card bills, and preparing for the holidays. With all these added costs, the tenant may not have enough money to pay rent and the landlord serves [Read More]

Real Estate Contracts & Transactions

Can A Buyer Back Out of a Non-Contingent Offer?

by Simon Offord, Esq. on October 2, 2018

In my last article, we discussed liquidated damages in the context of a residential real estate purchase contract.  This article will examine whether a buyer may have a right to back out of a contract and receive their full deposit [Read More]