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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12951
Experience:  B.A.; M.B.A.; J.D.
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Were CA homeowners who must respond to an Unlawful Detainer

Customer Question

We're CA homeowners who must respond to an Unlawful Detainer by the end of this week. UD or not, we'd still have to file for Bankruptcy. We've resigned ourselves to the fact that we will be losing our home and that we will end up living in our car. Our only hope is to "buy" as much time as we possibly can to sell off all of our furniture, household goods, etc.

Our question: When is the best time for us to file Bankruptcy? Before, simultaneously or after we've responded to the Unlawful Detainer? Or does it even matter?

My husband is 59 years and has severe hypertension. I am 51 years old, have Fibromyalgia, IBS, torn meniscus in both knees, seizure disorder and sleep apnea, which requires a CPAP to breathe; hence the frantic need to have as much time as possible to liquidate everything we own. We're not attempting to mock the legal system in any way, but if there is some slight legal edge resting within the timing of filing for BK, it would be a great blessing. Thx, Vera Miller.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 5 years ago.

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.

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12951
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
So sorry we were unable to give you a much deserved bonus. I do hope, however, that the positive feedback I left for you will get posted and that "Just Answer" will take note of your superior work. I won't ever be able to fully express to you how you helped me get through tonight ... or how much you lifted my spirits and gave me hope. God Bless and Good Luck in all of your endeavors.
Expert:  Phillips Esq. replied 5 years ago.

No apologies necessary. Thank you very much for your kind words.


Your case will remain open for 24 hours. So if you remember anything that you would like to ask me, by all means do so. Hang in there. There is light at the end of the tunnel.


Just hit "reply" when you contact me so that you will not be charged again.



I wish you the very best.

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