Oak Park, CA asked in Bankruptcy for California

Q: i HAVE AN EVICTION CASE HEAD TO TRIAL. IF I FILE BANKRUPTCY WILL THE CASE CONTINUE TO TRIAL AFTER THE STAY IS LIFTED

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5 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: No. It will not continue to trial.

Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • Bankruptcy Lawyer
  • Berkeley, CA
  • Licensed in California

A: Yes, the trial is stopped if you file a legitimate BK under any of the Chapters, 7, 11, 13 or 5. however, if you wish to do it just for the purpose of frustrating the creditor be very careful. The case wil restart after your case is dismissed. Consult with a BK attorney right away.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: You could by some time but not much. Bankruptcy is a serious thing to do and you should really have many other reasons to file. Sit down with an experienced bankruptcy attorney right away to find out all the good and bad you get from filed a BK.

Yelena Gurevich
Yelena Gurevich
Answered
  • Bankruptcy Lawyer
  • Studio City, CA
  • Licensed in California

A: if the eviction case is against you, a bankruptcy filing will stay (i.e. delay), not stop, the eviction. The landlord can either obtain relief from stay to proceed with the eviction or can wait until the bankruptcy is completed to proceed. You will need to talk to an attorney to make sure you do not commit bankruptcy fraud.

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

A: I agree with the comments from my colleagues. You need to consult with a bankruptcy attorney regarding the ramifications of filing bankruptcy particularly if you are doing it just to stop an eviction.

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