Legal Question in Bankruptcy in California

Re: evictions and bankruptcy

Thanks for your posting. If you are going to declare bankruptcy, YES you should include the eviction.

Re: evictions and bankruptcy

If the eviction resulted in a judgment against you, that will show up on your credit report. If you just moved out after getting a 3 day notice and no suit was filed, it probably won't show up on your credit report.

In either case, you can (and must) include the debt to your former landlord in a bankruptcy you file. When you file a bankruptcy, you are obligated to list everyone you owe money to. You can pay back anyone you want to after the bankruptcy, but you are still required to list them when you file.

Re: evictions and bankruptcy

You are probably listed on the unlawful detainer registry which shows an unlawful detention once a case is filed--even before judgment. The United States Supreme Court recently decided this is legal. Filing bankruptcy will not remove you from the unlawful detainer registry. However, I have been quite successful at getting landlords to agree to set aside a judgment of unlawful detainer if you pay just a small portion of what is owed. You could file bankruptcy and enter into a reafirmation agreement with your landlord. Your landlord could get nothing or take what you have to offer in return for an agreement to vacate the unlawful detainer judgment. If you need further assistance, feel free to call.

Re: evictions and bankruptcy

You must include all assets and all debts in any bankruptcy. If your question is whether or not the debt to your landlord will be discharged in a bankruptcy case, the answer is yes, unless there was fraud involved in incurring the debt.