Legal Question in Bankruptcy in California

I am looking to file for bankruptcy as a sole proprietor. At this time I do not have a judgement againt me, but soon I will court is October 14 2009 for an unlawful detainer. (My business wil be moved out by October 13th.) I own a house with my mother in which she resides by herself. There is "no" equity in this home. My question is should I file bankrupcty before a judgment is placed? Is there any exemptions or protection for her being elderly?


Asked on 10/06/09, 1:15 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

A bankruptcy will not protect an unlawful detainer judgment debtor from eviction. If there is no judgment, the new owner would have to jump through the hoops of seeking bankruptcy court approval to proceed with the unlawful detainer and lockout. Generally, it would simply buy a bit more time. You might try to negotiate with the bank immediately about getting a couple more weeks to leave and, if you move out by the date you agree on, there either will be no judgment, or any judgment against you can be set aside. Good luck to you and your mom! These times are very tough for everyone!

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Answered on 10/06/09, 4:09 am


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