Legal Question in Bankruptcy in California
i have a court case coming up with my landlord and i have not paid rent the past two months. should i file bankruptcy before the court case to avoid having to pay him and everything else?
2 Answers from Attorneys
While a bankruptcy may discharge the debt to your landlord for rent due BEFORE you file, it will not discharge rent coming due AFTER you file, nor will it prevent the landlord from evicting you. The landlord will file a motion for relief from stay and ask the court to allow it to proceed with the unlawful detainer action, which the court will grant. The landlord will then proceed in State Court and evict you.
The bankruptcy will usually slow down the eviction process if filed before there is judgment. It appears from what you wrote that there is not yet a judgment against you. It also would prevent collection of any rent you owe to the landlord from before the date you file the bankruptcy.
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