Can a writ of possession be stopped by filing an emergency bankruptcy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a writ of possession be stopped by filing an emergency bankruptcy?
I have receivednotice to vacate. I lost the unlawful detainer hearing and my motion for relief against forfeiture. How much time does the emergency bankruptcy buy me?
Asked on July 16, 2011 under Bankruptcy Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you file for bankruptcy protection, there is an automatic stay as to all legal proceedings against you. Meaning, all legal proceedings such as an eviction proceeding are put on hold pending future orders by the bankruptcy court. So, a writ of possession can be stopped by an emergency bankruptcy filing.
To file for bankruptcy protection you have to qualify to file which ordinarily means that your liabilities (debts) exceed your assets (items of value).
However, a bankruptcy filing is not an inexpensive proceeding, usually at least $5,000 to just file and pay the initial fee of the bankruptcy attorney for work to be done.
Potentially the cost to file for a bankruptcy (if you qualify) do not warrant the eviction you are facing in terms in dollars and cents. Contacting a bankruptcy attorney concernign your situation is probably to best course for you to take.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.