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Articles Posted in rent control

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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 the difference between a receiver and a partition referee? (CCP § 873.610)

Partition receivers and partition referees serve very similar roles in partition lawsuits. Their roles are to act as a third party with no ties to any of the co-owners interests in property via a partition lawsuit and to help the court and the judge to distribute the property or proceeds…

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How does a court make an accounting when a property is partitioned by division? (CCP § 873.250)

When there is a court-ordered partition by division, there are several steps that both the court and parties take to ensure that the property is physically divided both equally and equitably. Read on to find out the different avenues the court takes when deciding a partition by division lawsuit.  How…

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Can Rent Control Laws Prevent a Partition Eviction? (Civ. Code § 1632)

No, rent control laws cannot prevent a partition eviction. However, the answer is a bit more complicated than one might think. There are very specific rules and regulations in California that regulate both rent control laws and partition action evictions. Read on to learn more. What is Rent Control? While…

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