A worst case scenario for many landlords is a tenant who files for bankruptcy. A bankruptcy can delay an eviction for a very long time, causing significant monetary harm to you. However, aÂ Santa Ana eviction lawyerÂ can help you overcome the problems brought on by a bankrupt tenant.
Automatic Stays on Eviction
Generally, a Santa Ana eviction lawyer can explain to you that when your tenant files for bankruptcy, a court will institute an automatic stay. What this means is that the landlord will be unable to initiate eviction proceedings or otherwise get rid of the tenant. However, a landlord may be able to seek relief from the stay in bankruptcy court.
Relief From the Stay with the Help of a Santa Ana Eviction Lawyer
Getting around a stay on an eviction proceeding can be difficult to work around. A Santa Ana eviction lawyer can help you file a motion in court arguing why a relief from the stay is reasonable. The bankrupt tenant will have an opportunity to respond to the motion, and you will get the chance to rebut the response. An experienced eviction attorney can help you draft the motion and include arguments that will help grant you relief.
Contact a Santa Ana Eviction Lawyer
A bankruptcy on the part of a tenant can significantly complicate the eviction process. If you have any questions about getting relief in bankruptcy court for a tenant you are evicting, contact a Santa Ana eviction attorney at Schiff & Shelton by calling (949) 417-2211.