Legal Question in Bankruptcy in California

Bankruptcy would slow down an eviction and wipe out back rent. However, you would still have to pay the rent from the date of the bankruptcy filing.

If there's a chance you'll be coming into some money in the near future, it might make sense to be open about the problem with the landlord to see if there's a way to work out a payment plan.

The eviction process takes some time. The landlord would have to go to bankruptcy court to seek permission to proceed with eviction. That might take at least 10 days. Then, the landlord would have to serve a three-day notice to pay or quit. Then, if you did not pay the rent in those three days, the landlord could file an unlawful detainer (eviction) lawsuit. If you were to file an answer within five days after being served, the court would set a trial at the earliest in another two weeks. Then if the judgment were against you, the sheriff would probably take another week to do the lockout.

These time estimates vary by locality, however.