Legal Question in Bankruptcy in California

Bankruphy Chapter 7

After I file Chapter 7 And give up the house how long do have before I need to leave the premises


Asked on 8/01/07, 12:13 pm

2 Answers from Attorneys

Charles Shamash Caceres & Shamash, LLP

Re: Bankruphy Chapter 7

Depends. Not a simple answer. It depends how far behind you are on the mortgage, where in the foreclosure procedure the lender is, if there were other cases affecting the property, if there is equity and the Trustee takes a position. As you can see there are many factors. Realistically you could have from as little as a few weeks to months. It really depends and needs further analysis.

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Answered on 8/01/07, 12:59 pm
Brian Whitaker Lifeline Legal, LLP

Re: Bankruphy Chapter 7

If the Notice of Default was filed prior to filing your BK, the house will likely be sold 7-8 months later unless the creditor file(s/d) a Motion for Relief from the Automatic Stay, in which case it could be sold as soon as 5-6 months later. Once it's sold, the new owner will have to serve you with an Unlawful Detainer if you are still there.

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Answered on 8/01/07, 4:09 pm


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