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Articles Posted in writ of possession

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Is a Partition Action Exempt from Bankruptcy Proceedings (CCP § 715.050)? 

Generally, a bankruptcy proceeding acts as a stay on the collection of debt as well as any acts needed to be taken to enforce a debt. The rules regarding partition actions in bankruptcy proceedings are codified in the Code of Civil Procedure section 715.050. Typically, whether a partition action is…

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What is a Writ of Possession? (CCP § 715.010)

Writs of possession are special statutory remedies that usually appear in unlawful detainer actions. As their name implies, they are a means of recovering possession from someone who is wrongfully occupying a property. Writs are unique, however, in that they are almost exclusively a post-judgment tool. This means that there…

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