Legal Question in Bankruptcy in California

How long will I beable to stay in my apartment

I am a single mother of 4 children ages 16-11--I am out of work and I havnt been able to pay my rent for 2 months-I owe 2,164 dollars--Ive been summons and I filed a response to the court within the time frame I was allowed. Now what is going to happen? I cant just be put out on the streets with my 4 kids --I am filing bankrupsy-how long will this keep us in the apartment? or will it help us at all?


Asked on 5/02/05, 4:03 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: How long will I beable to stay in my apartment

The bankruptcy won't keep you there for more than a few weeks. The landlord will ask for relief from automatic stay, and then proceed with the unlawful detainer in state court. The best advice is to call the lawyer for the landlord and see if you could work out a delay of some sort in exchange for some kind of payment. Good luck to you.

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Answered on 5/02/05, 4:21 am
Judith Deming Deming & Associates

Re: How long will I beable to stay in my apartment

The landlord's attorney will be able to get relief from stay within a few weeks and the eviction will go forward; bankruptcy does not provide any permanent relief. You CAN be put out on the streets if you do not pay your rent; no landlord is required to provide free rent. Perhaps you can prevail on the father of your children to step in and provide shelter for them?

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Answered on 5/02/05, 11:33 am


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