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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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IN CALIFORNIA, A CLERKS JUDGMENT FOR POSSESSION HAS BEEN ISSUED

Resolved Question:

IN CALIFORNIA, A CLERKS JUDGMENT FOR POSSESSION HAS BEEN ISSUED AND THE LOCK OUT HAS BEEN SCHEDULED (WRIT ISSUED), DOES A SUBSEQUENT FILING OF CHAPTER 7 STAY THE SCHEDULED LOCK OUT?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 7 years ago.

This is sort of an oddball issue. The bankruptcy courts in Califonria have held that once a writ of possession issues, the debtor's right to possession is terminated, therefore the bankruptcy petition has no effect. Nevertheless, the sheriff's office frequently will not evict, for fear of being held in contempt on some other technicality or defective legal process or pleading.

 

Frankly, it depends on the county sheriff, so you'll have to call them up and ask for their policy.

 

Hope this helps.

 

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