Legal Opinion
Lee v. Baca
California Court of Appeal
Decided July 29, 1999No. B128410PublishedCited by 4 opinions
1Opinion of the Court
Opinion
VOGEL (Miriam A.), J.
A residential tenant defaults. The landlord obtains an unlawful detainer judgment and a writ of possession of real property. Before the sheriff executes the writ, the tenant files a bankruptcy petition. The question in this case is whether the landlord is required to apply to the bankruptcy court for relief from the automatic stay (11 U.S.C. § 362(a)) or whether the pre-bankruptcy judgment has extinguished whatever legal or equitable interest the debtor might have had in the real property — in which event the landlord is not required to seek relief from the…
2Cases cited16 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- In Re Windmill Farms, Inc., Debtor. Vanderpark Properties, Inc. v. David L. Buchbinder, Trustee of Windmill Farms Management Company, Inc.Court of Appeals for the Ninth Circuit · 1988
- In Re Farmers Markets, Inc., Debtors. State of California, State Board of Equalization, and Employment Development Department v. Farmers Markets, Inc., in Re Dick and Carleen Brink, Debtors. State of California, State Board of Equalization, and Employment Development Department v. Sy v. BrownCourt of Appeals for the Ninth Circuit · 1986
- Di Giorgio Fruit Corp. v. Department of EmploymentCalifornia Supreme Court · 1961
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3Cited by4 opinions
- Westside Apartments, LLC v. Butler (In Re Butler)United States Bankruptcy Court, C.D. California · 2002
- Eden Place, LLC v. Perl (In Re Perl)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- In re: Sholem PerlUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- In re: Sholem PerlUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014