The 9th Circuit Court of Appeals Holds That A Bankruptcy Filed By An Occupant of Real Property After Entry of An Unlawful Detainer Judgment and Issuance of a Writ of Possession Does Not Create An Automatic Stay With Respect To A Sheriff Lockout

In In Re Perl, the plaintiff filed a post-foreclosure unlawful detainer action. After the Superior Court entered a judgment in favor of the plaintiff for possession of the premises and issued of a writ of possession, an occupant filed bankruptcy. The plaintiff proceeded with a Sheriff lockout without obtaining an order for relief from the automatic stay.  The occupant thereafter alleged that the plaintiff violated the automatic stay. The 9th Circuit Court of Appeals held there was no violation of the automatic stay because the occupant did not have a legal or equitable interest in the property at the time of the Sheriff lockout.  See  In re Perl (2016) 811 F.3d 1120.
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January 15, 2016 | Landlord-Tenant Law |