Court Allows Owner to Evict Tenant Who Has Filed Bankruptcy

Creditor-Side Bankruptcy and Unlawful Detainers & Evictions by Private: 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.

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