Can I file Chap 13 in pro per, after receiving a vacate notice.?
A: You can file, but it may not stop the eviction, because at the moment that the court issues the judgment of possession
, you no longer have any interest in your tenancy, and so the bankruptcy stay will not prevent your eviction. 11 U.S.C. § 362(b)(22)
Despite the statutory provision, some sheriff's departments will not evict, due to some case law that suggests various exceptions to the bankruptcy code. Because of this, the only way to find out if your county sheriff will honor the bankruptcy stay is to contact the sheriff's office and talk to the civil department that handles evictions. Long and illegal story. Previous, online attorney, stated he would send me CA bankruptcy code this site. I am already aware of vacate of judgment, but was curious if this may also work?
A: While you could conceivably file a motion for relief from judgment, the barrier is so high that it would be almost inconceivable for you to succeed, because you would have to produce new or different evidence that could not possibly have been discovered prior to trial. So, I don't know why the other attorney would have suggested this course, other than because he didn't know what else to offer you.
However, there is
another option besides bankruptcy, which is a motion for a stay of execution (or in your case, a "motion to recall and stay writ of execution"). Cal. Code Civ. Proc. § 1176(a).
You need to show extreme hardship, and you would have to deposit the rental costs with the court for the length of the stay (ordinarily, no more than 40 days).
Hope this helps.
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