Legal Question in Bankruptcy in California

Hello my girl friend and I filed chapter 7 bankruptsy trying to discharge a court stipulated secured debt. We lived in a mobile home park and went through an eviction brought by the park owners . My girl friend is disabled and I was not working, our agreement was to get 3 months to sell our mobile home which we could not achieve in that period of time so we violated our stipulation agreement and a judgement for rent and attorney fees was ordered by the Northern California Superior Court. We tried to ask for more time to sell it and were told no After filing the bankruptsy we filed a discharge ability complaint and deposited 3 months rent with my trustee to try and get more time to sell which almost worked, but we still could not sell our home. After trying to avoid a lien that was never filed we tried to enjoin the writ claiming an undo hardship because the unlawful detainer debt was strictly monitary. We were given the option to move the unit or loose it. The mobile home park attorney claimed it was not worth moving and said they were going to have to tear it down because it was worthless, which I replied is not true and I had an $8000 certified estimate and I also just finished remodeling the unit . I couldn't afford to move the unit so I lost it. After 5 months or so I noticed that they repainted the unit and put it up fore sale, after stating it would be destroyed and it was worthless. I also repainted the unit just before losing it in our long court battle. My question is can lying about tearing down the unit and claiming it is worthless and then putting it up for sale, be a legal issue worth looking into or filing a complaint with the state bar or the department of fair housing?


Asked on 4/08/13, 12:31 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

I'm not reading anything here that tells me that you have any type of claims that can be pursued. You were apparently got behind on the rent and entered into a binding contract to settle the lawsuit and get more time to sell the mobilehome. You were unable to sell it and got even more time through the bankruptcy process. The landlord is entitled to enforces its right to get the property bank and rent it to somebody else and the seems to have included the right to get possession of your mobilehome.

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Answered on 4/08/13, 1:04 pm


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