eviction/ bankruptcy
I filed bankruptcy 8 days prior to being served with a 3 day notice to Quit. This was not in response to an eviction at all. I did not include back rent owed in the bankruptcy and have been to bankruptcy court already. Will the bankruptcy delay my eviction? How long? Will I have to pay back rent?
The landlord also claims that i am 9 months delinquet, claiming a balance of $5,020.00 in back rent. I have receipts to prove its only 4 months, totaling $3,065.00 in back rent. What (if any) bearing does this have on my case?
Re: eviction/ bankruptcy
First, if your bankruptcy filing does not list the substantial amount of back rent you owe, it is defective and should be corrected. Failure to file accurate schedules could cause your bankruptcy petition to be dismissed. I am not a bankruptcy specialist and therefore cannot tell you whether this omission is very serious nor how to make the corrections, but you should try to get this matter handled promptly.
Second, filing bankruptcy automatically prohibits the landlord from enforcing the lease in any way, including serving a three-day notice or filing an unlaful detainer action. Failure of the landlord to observe the stay of collection and enforcement actions can result in imposition of sanctions on the landlord.
The landlord’s next step is usually to ask the bankruptcy court for relief from the automatic stay, which will require a hearing in the bankruptcy court. The court will ordinarily grant relief and the eviction process will resume.
If you are using an attorney in your bankruptcy proceeding (and you should), ask that attorney for assistance in bringing your filing up to snuff and for advice on handling the landlord’s likely next action, the petition for relief from the automatic stay.
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
P O Box 318
Tomales, CA 94971-0318