Legal Question in Real Estate Law in California

Re: Evict tenant intend to file bankrupcy

No, but you will need professional help. Hire an attorney. It will be less than $18,000

Re: Evict tenant intend to file bankrupcy

Unfortunately, you get an attorney answer on this one, "it depends".

Is he subletting from you? Are you jointly on a rental agreement? Is the agreement between the two of you a separate agreement from the rental agreement?

I agree with Atty. Koenen, this is one where you will want a professional's assistance, especially if you are both living there.

Please feel free to contact our office if you feel that we may be able to help at 626-578-0708 or online at www.No-Probate.com

Re: Evict tenant intend to file bankrupcy

A bankruptcy will require you to pause any attempt to collect back rent or to evict. The debtor is protected by a so-called "automatic stay" from the instant the bankruptcy is filed.

Then, you have to petition the bankruptcy court for relief from the automatic stay. Bankruptcy judges routinely grant relief for evictions and may even give you some help with rent (by ordering the debtor to resume paying or get out).

It shouldn't take a year. You probably need a lawyer for this, but it's not a big deal. I'd say average 2 months delay. Talk to some local bankruptcy specialists.

Re: Evict tenant intend to file bankrupcy

It is best to get your judgment for eviction prior to a bankruptcy being filed. Some bankrkuptcy court require a motion for relief from the automatic stay and other don't. We can help you through the entire process. Please call our office at 714 363 0220 and we can explain the procedure and costs.