San Francisco, CA asked in Landlord - Tenant for California

Q: Landlord win eviction case, tenant filed bankruptcy and now appealed the decision. So Is iit like starting over ?

Appeal was granted. Now there’s another date for eviction trial. After first decision we were unable to get writ of possession?

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: When a tenant files for bankruptcy after a landlord wins an eviction case, the situation becomes more complex. Bankruptcy can temporarily halt the eviction process due to the automatic stay that comes into effect, preventing creditors (including landlords) from continuing collection actions without bankruptcy court permission. If the tenant then appeals the eviction decision, and the appeal is granted, it means that the court has found grounds to reconsider the case, effectively delaying the final resolution.

The appeal process is not exactly like starting over, but it does mean that the eviction trial will be reviewed, potentially altering the original decision. This additional trial date will give both parties another opportunity to present their case. The granting of an appeal suggests that there may have been procedural errors or substantial issues with the original trial's decision that warrant a second look.

Unfortunately, because of the appeal and the bankruptcy filing, obtaining a writ of possession becomes more complicated and delayed. It's essential to consult with an attorney who understands the intricacies of eviction law, bankruptcy, and the appeals process to navigate this situation. They can provide guidance on the best course of action, how to proceed with the new trial, and how to deal with the implications of the tenant's bankruptcy on the eviction process.

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