How long can I live in my house after bankruptcy? 11 Answers as of June 29, 2011

If I can't afford to pay my rent, will filing for bankruptcy give me another month or so to live here?

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CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Up to 6 months.
Answer Applies to: California
Replied: 6/29/2011
California's Largest Family of Attorneys
California's Largest Family of Attorneys | Doan Law Firm
Most likely, a bankruptcy will buy you some time to live in the house (~ 30 days or maybe more).
Answer Applies to: California
Replied: 6/28/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
The creditor would have to seek what is called "relief form the automatic stay" which may take 30 days, but you are liable for the rent which comes due after filing.
Answer Applies to: California
Replied: 6/28/2011
Sariol Legal Center
Sariol Legal Center | Frank R. Sariol
In California, you may not have too long after filing for BK if you are renting. It all depends on how advance the lawsuit for "unlawful detainer" is. If your landlord has already obtained a judgment against you for possession of the premises, then the attorney or law firm for the landlord may "rush" through the bankruptcy court their Motion for Relief of the Automatic Stay. When granted, the landlord will be able to proceed against you and have you ousted by the Sheriff Department.
Answer Applies to: California
Replied: 6/28/2011
Ellahie & Farooqui LLP
Ellahie & Farooqui LLP | Javed Ellahie
Filing for bankruptcy may give you some additional time, it will depend on how aggressive the Landlord's attorney is. While bankruptcy may slow down the eviction process, an eviction is one of the worst things you can have on your record and will make it difficult for you to rent as future Landlords do not like to rent to individuals who have been evicted. Recommend don't wait to be evicted, it isn't worth it as an eviction looks worse than a bankruptcy on the record.
Answer Applies to: California
Replied: 6/28/2011
    Koch Laron Law
    Koch Laron Law | Phillip Koch
    I'm assuming, since you are renting, that you filed a Chapter 7. If you are current with your rent you are fine, but if you are not and you have been served with a 3 day notice, the bankruptcy stops all action in state courts, including eviction. However, your landlord can file an motion with the bankruptcy court which will allow him/her to go fwd with the eviction, but yes it will likely extend it for another few weeks.
    Answer Applies to: California
    Replied: 6/28/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    A motion for relief from stay is required to initiate an eviction proceeding. Generally, this takes about one month.
    Answer Applies to: California
    Replied: 6/28/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    That depends on the tenancy laws of your state and what steps have been taken to evict you prior to filing bankruptcy. Is this a house that you are making payments on a mortgage, or that you are renting? If the former, has the mortgage lender started foreclosure? In California the foreclosure process requires the initial recordation of a notice of default and then 3 months later they can publish a notice of sale on 21 days' notice. After foreclosing, they have to follow unlawful detainer proceedings to evict you. How long bankruptcy will delay any of the above depends on where you are in the processes prior to filing your bankruptcy case, and how quickly the creditor obtains permission from the bankruptcy court to proceed.
    Answer Applies to: California
    Replied: 6/28/2011
    Raxter Law
    Raxter Law | Jeremiah Raxter
    Filing a Bankruptcy petition places a automatic stay on all proceedings, including any eviction actions. However, the stay is only in place until a party (or landlord) asks for the Court's permission to continue with any action they need to continue. This is called a relief from stay.
    Answer Applies to: California
    Replied: 6/28/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    At least another month. Sometimes many months.
    Answer Applies to: California
    Replied: 6/28/2011
    Law Offices of Steven A. Wolvek
    Law Offices of Steven A. Wolvek | Steven A. Wolvek
    Depends on how fast the creditor gets you out though the courts but beware - you will be obligated to pay for all the time you live in the property after filing - your bankruptcy will not discharge post-filing rent due.
    Answer Applies to: California
    Replied: 6/28/2011
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