Does the filing of a bankruptcy petition constitute an automatic stay of a judicial proceeding against the debtor that was or could have been commenced before the debtor filed?

California, United States of America


The following excerpt is from Meritage Homes of Cal., Inc. v. Peppertree Vill.-VII, LLC, D073088 (Cal. App. 2019):

3. "[T]he filing of a bankruptcy petition operates as an automatic stay of 'the commencement or continuation . . . of a judicial . . . proceeding against the debtor that was or could have been commenced before the commencement of the [bankruptcy action] . . . .' " (Lewow v. Surfside III Condominium Owners Assn., Inc. (2012) 203 Cal.App.4th 128, 132.)

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