Can I delay an eviction if I file for chapter 7 bankruptcy? 20 Answers as of August 25, 2011

I have a hearing on unlawful detainer next Friday, If I file for Chapter 7 will I be able to delay the eviction until after Labor Day or the first week in September?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
yes but only temporarily. it's not a permanent fix.
Answer Applies to: Washington
Replied: 8/25/2011
Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
It can have the effect of delaying the eviction, however, it will likely not stop them from evicting you altogether. If you file ch. 7, it could delay the eviction and then until the eviction proceedings are final and the landlord has obtained an order to remove you from the house, that can also take time. Depending on how far you are into the eviction proceedings will depend on how much time you have.
Answer Applies to: California
Replied: 7/21/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Yes.
Answer Applies to: California
Replied: 7/19/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If there is a pending eviction filing bankruptcy will offer little or no relief. In a non-residential eviction there is no automatic stay. Lenders can easily obtain relief from stay as bankruptcy courts do not get involved in eviction proceedings. If an unlawful detainer is the main reason for filing bankruptcy it is a waste of time and money.
Answer Applies to: California
Replied: 7/19/2011
Ray Fisher Law Offices
Ray Fisher Law Offices | Ray Fisher
Maybe. You should talk to your bankruptcy lawyer about that.
Answer Applies to: Texas
Replied: 7/19/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    You will be able to stop the eviction for a period of time. You will be responsible for post petition rents due.
    Answer Applies to: Oregon
    Replied: 7/19/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    An eviction may be able to be delayed with a Chapter 7, but there are some which cannot. More about the specifics of your situation would have to be known to properly advise you on your options and rights.
    Answer Applies to: Florida
    Replied: 7/19/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    That depends on how the bankruptcy courts treat the 3-day notice expiration. Some courts take the position that after the 3-day notice expires, there is no more legal tenancy and, therefore, the automatic stay in bankruptcy does not prevent eviction. Most courts, however, take the view that until the unlawful detainer action has been ruled on, that a bankruptcy will temporarily prevent eviction. How long you would have really depends on how quickly the landlord gets permission to proceed with the unlawful detainer. It could get you a couple of weeks, or a couple of months.
    Answer Applies to: California
    Replied: 7/19/2011
    Law Offices of Michael T. Krueger
    Law Offices of Michael T. Krueger | Michael Krueger
    You have no right of possession of the property and therefore have no recourse through bankruptcy. If you were the owner of the home and the bank was attempting to foreclose you could automatically stay the foreclosure. In your case I recommend leaving voluntarily as soon as possible.
    Answer Applies to: California
    Replied: 7/19/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Depends on whether the landlord acts timely. If they do, they could be back into court for the unlawful detainer within three weeks.
    Answer Applies to: California
    Replied: 7/19/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    You can delay by filing the Ch7. How long is unknown. The landlord can get relief from the bankruptcy automatic stay upon application. Speed of hearing, etc. varies district to district.
    Answer Applies to: Mississippi
    Replied: 7/19/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Possible that it delays it that long, but if the judgment is entered, then the plaintiff can seek relief of stay soon after filing and then force you out with a sheriff.
    Answer Applies to: California
    Replied: 7/19/2011
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