Legal Question in Landlord & Tenant Law in California
Bankruptcys affect on eviction proceedings
I heard about a ''Rambo'' strategy re: filing for BK prior to an eviction hearing Thurs afternoon, to gain the small amount of time that I need to move, and then rescinding on the BK after my court hearing. Sounds just crazy enough to be, well...crazy.
I was served my papers, - taped to my front door - and I answered requesting to be able to move out on the 28th of Aug when a rental property would become available to me with only the 1st months rent and no credit check. Both of which are issues to me at this time. Now the renal property is not available due to the ex-wife of the new landlord wanting to sell and not rent. If I file BK - and can I do it in one day - will I somehow buy the time I need until the first week of Sept when I am still going to move? Is there some sort of offer I should be trying make? I am willing to move ASAP, and I am making that happen. I am looking for a new place actively and have (I believe) secured a personal loan for the first and last months rent when I find one. However, my court date is Thurs at 1pm, and it is right now 2:35 am Weds
1 Answer from Attorneys
Re: Bankruptcys affect on eviction proceedings
Advising a client regarding your "strategy" is totally unethical. Bad enough that an attorney would collect fees for violating the Code of Ethics, but to even think about it for free on a website is utterly stupid.
I won't begin to answer your question.
Why not go to court, tell the truth, and possibly work out something with landlord regarding making some payments? Also, you may be lucky, and judge gives you the extra week or so that you need.
It sounds to me like you need to have your moral compass checked.
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