Legal Question in Bankruptcy in California

Bankruptcy protect my rental property?

Does bankruptcy protect a primary home AND A RENTAL?


Asked on 10/23/08, 5:23 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Bankruptcy protect my rental property?

From what? If you are asking if it will protect them from foreclosure, the answer is sort of - it will put in place an automatic stay that prevents any adverse action, however, if you cannot make the payments on the properties, then ultimately the lender can get relief from the automatic stay and continue their foreclosure. If you are asking if the bankruptcy would protect your properties from attachment by creditors, again the answer is "it depends". There are too many factors to go through in this forum - I highly suggest that before you take any action you meet with a bankruptcy attorney and review the specifics of your situation with s/he to see if bankruptcy will accomplish the goals you hope to acheive.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 10/23/08, 2:23 pm


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