Hayward, CA asked in Bankruptcy for California

Q: My ch.13 bankruptcy was recently converted to a ch.7. I was only given 1 weeks notice from the courts to move.

I have been on disability so this is creating a hardship for me to get out in that time period I also have two tenants that rent rooms and I have to give proper notice to. Suggestions?

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2 Lawyer Answers
Sally J. Elkington
Sally J. Elkington
Answered
  • Bankruptcy Lawyer
  • Oakland, CA
  • Licensed in California

A: Are you sure the notice to move was from the Court, or was it from the Trustee. I would recommend you call the trustee and tell them of your situation and ask for more time to move. As for your tenants, the trustee will have to deal with them, not you. Generally the trustees will work with you unless you are being unreasonable.

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: I would need more information to respond to your question and situation. If you had an attorney assisting you with your bankruptcy, I urge you to talk with that attorney to see about contacting the landlord or the attorney representing the landlord to get more time to relocate - notwithstanding the order of the Court. If you do not have an attorney representing you in the bankruptcy case, you can try making contact yourself - provide an estimated move out and see if you can negotiate more time.

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