Can bankruptcy stop me from being evicted? 4 Answers as of August 04, 2010

I have an unlawful detainer and writ of possession against me by the landlord. If I file for bankruptcy can he still evict me?

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Halpern Law Offices
Halpern Law Offices | Daniel B. Halpern
Bankruptcy can only stop your eviction for a short period of time. Should you need more information you will need to contact our office as soon as possible.
Answer Applies to: California
Replied: 8/4/2010
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
That is correct. The bankruptcy can delay the eviction. You should consult with an attorney to negotiate an alternative to the eviction. This could have been avoided by consulting with an attorney at an earlier stage of your delinquent status.
Answer Applies to: California
Replied: 8/4/2010
David Nelson
David Nelson | David Nelson
If your landlord obtains a judgment for possession before you file for bankruptcy, then the landlord may proceed with the eviction, unless you can successfully challenge it in court. However, to successfully challenge a pending eviction in court, the laws in your state must allow this. Because I am a bankruptcy attorney and not a landlord/tenant attorney I don't know the answer to this particular question. Nevertheless, if you are this far along, I recommend you spend the money you would have to spend on your bankruptcy attorney's fees for the move and new living situation. Trust me, if you think you aren't getting along with your landlord now, just wait and see how bad things can get if you want to go this route.

So, move first, bankruptcy later.
Answer Applies to: California
Replied: 8/4/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Yes, but it may delay the eviction for some time.
Answer Applies to: California
Replied: 8/4/2010
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