What does it mean in unlawful detainer case on the court docket when it reads writ of possession issued AND

Bankruptcy and Debt 5 views 3 answers
a week later CLERKS NOTICE OF ENTRY OF JUDGMENT ENTERED AND MAILED? The defendants after they loss the trial filed BK and the stay was lifted?

Attorney Answers

3
Michael Chan ·
After a landlord is successful in obtaining a favorable judgment in an unlawful detainer action, the court will issue a writ of possession. A writ of possession allows a landlord to remove a tenant from the leased premises after he or she takes the writ to a sheriff who assists the landlord in doing so. Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, tenants rights depends on when and where the bankruptcy was filed. Under this law, a landlord does not need to request that the automatic stay be lifted because a judgment was granted before the tenant files for bankruptcy after the judgment. On the other hand, if bankruptcy was filed before the judgment, then the automatic stay is in place until the landlord requests federal bankruptcy court to lift the stay.
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Anthony Roach ·
The automatic stay does not apply to stop an eviction if the landlord was issued a judgment of possession before the tenants filed bankruptcy.
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Anthony MarinaccioBusiness AttorneyGlendale, CA ·
This means that the landlord was successful at trial or by default and the Court has issued a writ of possession in order for the Sheriff's Department to evict the tenants. If the stay was lifted, then the case could have continued; however, a bankruptcy does not necessarily prevent a Sheriff's lockout if the Writ has already been issued.
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