Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
File bankruptcy after you have responded to the unlawful detainer. This will buy you a little more time. Once you file, you have to notify the State Court so that the Unlawful detainer action can be suspended. Then your lender will go to the Bankruptcy Court and file a motion for relief from automatic stay to proceed with the unlawful detainer. If you do not respond to the motion, the Court will rule in the lender’s favor usually after the time required for your response has expired. If you respond, then the motion will be marked for hearing, this buys you so more time. Ultimately, you will lose the hearing and the unlawful detainer action will resume.
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