Legal Question in Bankruptcy in California

unlawful detainer and bk chap 7

My husband's job has been late paying him, and somethimes the payroll checks bounce. We fell behind in rent. We are filing chap 7 bk. How does this effect the rent we owe? Can we go to court with all the back rent and stay? will the bankruptcy give us time, and if we have to move, will the back rent be discharged?


Asked on 10/25/06, 1:38 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: unlawful detainer and bk chap 7

If you have been served a 3 day notice to pay rent or quit and the 3 days has gone by, the lease is terminated and is not curable unless your landlord agrees. If you have not been served the 3 day notice or filed your bankruptcy before the 3 day period is up, you may cure your default by paying your past due rent. At any rate, you have bought yourself some time to find another place to live. Note, it is rare for a chapter 7 bankruptcy case to survive to discharge any more as trustees are objecting to every case that is filed. You will probably need to convert to a chapter 13, should you want your case to survive.

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Answered on 10/25/06, 2:16 pm


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