One of the delay tactics used by tenants is to file for bankruptcy, seeking shelter via the automatic stay. At Ruzicka & Wallace, LLP, in Irvine, California, we provide speedy representation, quickly seeking relief from the stay so the eviction proceedings can continue. Our lawyers understand that time is money, which is why we act quickly to procure the first available hearing date.
To request a consultation with a lawyer from our firm, call us at 949-467-9185 or toll free at 888-514-1046.
Relief From Stay | Bankruptcy
- Automatic stay — The filing of a bankruptcy petition normally triggers an automatic stay (hold) on foreclosure and eviction proceedings.
- Relief from stay — Absent an applicable exception, creditors may continue with efforts to foreclose or evict bankrupt tenants only by obtaining relief from the automatic stay in the bankruptcy court. In order to obtain relief from stay, the foreclosing lender or landlord must file a motion for relief from the automatic stay. After the motion is granted, a foreclosing lender may continue with foreclosure and eviction proceedings or a landlord may continue eviction proceedings.
- Extraordinary relief — In those cases, where the bankruptcy process is being abused by multiple bankruptcy filings, we are often able to obtain extraordinary relief in order to prevent future filings from affecting the creditor's foreclosure or eviction.
Our Bankruptcy Department
We have a bankruptcy department that specializes in filing motions for relief from the automatic stay and is able to file motions quickly. Where an expedited hearing can be obtained, we file the appropriate application to have the motion heard on an expedited basis.
We are licensed in all California bankruptcy courts, including the Northern District, Eastern District, Central District and Southern District. Because we file many motions in these jurisdictions, we are familiar with most bankruptcy court judges and any special requirements the judges have established for these motions. By complying with these rules in our initial moving papers, we are able to avoid delays.
Riverside Relief From Automatic Stay Attorneys
It is important to act quickly in these cases. Contact us today to speak with one of our Orange County relief from stay attorneys.
