Legal Question in Bankruptcy in California

I have recently gone on welfare. My house was sold at auction in Dec back to the bank. We have not been served with an order to quit or an unlawful detainer yet. I do not have the money to move out but I just got hired on for a new job and should have the money in this next month. Can I file BK to buy me some more time to get the money to move??? IF so, which chapter should I file and is there a waiver of filing fee for low income households?

We will probably served with a quit in the next couple of days.

Thank you,

Ron Sisk


Asked on 3/08/10, 1:09 pm

2 Answers from Attorneys
Diane Singleton-Smith Singleton Smith

Yes, bk stops unlawful detainer (eviction). I don't have enough facts, but you are likely a Chapter 7. There is a waiver, but the courts rarely grant them.

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Answered on 3/13/10, 1:38 pm
Robert F. Cohen Law Office of Robert F. Cohen

You might consider negotiating with the bank now for a "cash for keys" deal, to move out early, and for the bank to avoid having to pay a lawyer and the sheriff to evict you. The longer you wait, the more likely the bank would be reluctant to bargain.

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Answered on 3/13/10, 2:05 pm


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