Automatic Stay: § 362: RELIEF: Unlawful Detainer; Apartment

4001-1(c)-UD: Automatic Stay: § 362: RELIEF: Unlawful Detainer; Apartment

Under Bankruptcy Code section 362(a), the "automatic stay" applies at the moment a bankruptcy petition is filed. This offers protection from creditors who must file a "Relief from Stay" motion to ask the judge to terminate the stay to take action against the debtor or debtor's property outside of the bankruptcy court.

A party who wants to repossess an apartment, a residence, or commercial property, must use the Unlawful Detainer process in bankruptcy court.

This includes parties who have already started or completed the court eviction process, or who have purchased property at a foreclosure sale.

This applies as long as the debtor still maintains possession of the apartment, residence, or commercial property, and if the automatic stay is still in effect.

NOTE: The bankruptcy court does not complete an unlawful detainer process and does not participate in an eviction. The bankruptcy court simply adjudicates a party's motion for permission to follow the state's procedures for evicting a tenant or other person in possession of the property.

Section:

Section 4 - Match Local Bankruptcy Rules with Forms

Section Number or LBR Number:

4001-1(c)-UD

Reference to Local Rules and/or Forms:

Notice of Motion and Motion for Relief from the Automatic Stay or for Order Confirming that the Automatic Stay Does Not Apply Under 11 U.S.C. § 362(l) (with supporting declarations) (Unlawful Detainer)

Response to Motion Regarding The Automatic Stay And Declaration(s) in Support

Order Granting Motion for Relief From the Automatic Stay under 11 U.S.C. § 362 (Unlawful Detainer)

Order Denying Motion for Relief From the Automatic Stay Under 11 U.S.C. § 362

Rule 4001-1 through 4008-1