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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Hello Cfornunato, House owner was about to attend a unlawful

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Hello Cfornunato,
House owner was about to attend a unlawful detainer or eviction against his tenant who has'nt paid for 4 months in a local superior court (L.A.), however befor he can attend the hearing the tenant filed for Chapter 7 BK and the eviction processed was stopped by the local court.
1) What is the process to removed the automatic stay the tenant obtained from the BK court?
2) Isn't is that there is a special law or procedure at least here in L.A. to expedite removal of automatic stay to prevent abuse of the BK process by non paying tenants?
Hi JACustomer,
The homeowner can file a "Motion for Relief from the Automatic Stay" with the Bankruptcy court. He should be able to get the necessary forms and instructions from the clerk at the Bankruptcy court.
Once the Motion is submitted, it takes about one month for the Automatic Stay to be lifted, after which the homeowner can proceed with the eviction proceeding as if no Bankruptcy was filed.
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