Can a writ of possession be stopped by filing an emergency bankruptcy?
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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 12 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.
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