Can I file a bankruptcy if an ulawful detainer has already been filed with the small claims court? 8 Answers as of July 11, 2013I have been on my property for 11 years but the management company has changed and they have served me with a UD. If I file for chapter 7 will this allow me to stay at least temporarily until the judge decides?
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
You no longer own the property so up to judge but most will say no. can still file for other debts though.
Answer Applies to: California
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
A bankruptcy will stay (stop) an unlawful detainer but only for a short while. The creditor can file a motion for relief from stay, which takes about 3 weeks. Bankruptcy may not be a good choice in this instance.
Answer Applies to: California
Ashman Law Office | Glen Edward Ashman
The rules for staying in leased property are complex. This is a fact dependent situation, so you need a lawyer. Do not file on your own. When a tenant files for bankruptcy, all collection actions against the tenant stop. This includes unlawful detainers or other efforts to collect money. Filing bankruptcy creates an "automatic stay," which means that creditors cannot take any action against the debtor without court permission. However, the landlord can still pursue and collect back rent from any guarantors named under the lease, even while the tenant is in bankruptcy. If the landlord has terminated the lease before bankruptcy, then the tenant has no right to continue the lease after bankruptcy is filed. At the same time, the landlord cannot continue any pending unlawful detainers without permission of the bankruptcy court. However, if the lease is terminated and the tenant is not paying rent, the landlord will be able to quickly evict the tenant. If a tenant's lease has not terminated when a Chapter 7 bankruptcy is filed, then the tenant must assume or reject the lease within 60 days of filing bankruptcy. Before the 60 days are up, the tenant may make a motion to the court asking for an extension of the 60-day period. The landlord must be told what date the 60-day period expires. If the tenant was in default of the lease at the time the bankruptcy was filed, then the tenant must make up the delinquent rent very quickly. This is one of the few times any creditor in a bankruptcy can collect money that was owed before the bankruptcy was filed. If all the delinquencies are not cured by the end of the 60-day period, then the court must approve the tenant's efforts to establish that all arrearages of rent and other obligations under the lease can and will be paid within a reasonable time, normally no more than a few months. The bankrupt tenant has the right to reject the lease within the same 60-day period. If the tenant does not assume the lease, it automatically rejects, or cancels, the lease.
Answer Applies to: Georgia