Legal Question in Bankruptcy in California

I am in the process of buying a duplex on a "short sale". The owner/tenant wants to continue living in the duplex. However, she os planning to declare bankruptcy.

question. Is it better she signs the lease agreement before or after she files for bankruptcy?

Thank you, Linda


Asked on 9/28/10, 12:10 pm

1 Answer from Attorneys
Brian Whitaker Lifeline Legal, LLP

After is better for you ... otherwise her lease obligation to you would be discharged - unless, of course, she signs a lease reassumption agreement after she files. You could try a simple contract where she agrees to sell you the house at the lesser price and you agree to give her a ?-yr lease after she files her bankruptcy.

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Answered on 10/03/10, 12:45 pm


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