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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16220
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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Im going to file chapter 13 tommorw so i can stop the writ

Customer Question

Im going to file chapter 13 tommorw so i can stop the writ by the 1st of July
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Legalease replied 3 months ago.

Hello again --


That will work so that you end up at least getting a few more weeks before a decision must be made regarding the writ of possession (it takes a good month for the bankruptcy court to schedule a preliminary hearing on all of your matters and so you should have some time to determine your best course of action with the owner /LL.



Customer: replied 3 months ago.
I just found out that a chapter 13 filing would not stay the writ that has been ordered yikes.
Expert:  Legalease replied 3 months ago.

I would have to see the writ. I was assuming it was to do with a pre-foreclosure but if it is an apartment, then the court can simply bypass it in the CH 13 filing and let it go forward as scheduled. You should be able to file a motion with the CH 13 filing -- try filing a motion to postpone the writ of possession WITH the chapter 13 filing and see if they will accept it. That is completely at the discretion of the court and there is no rule that says they must accept it and give you a hearing on the matter and they may also bypass that and let the writ go forward if it is an apartment or a post-foreclosure situation. If they refuse to accept a Motion for a hearing on the writ with the ch 13 filing and you have no other debts except unsecured debts, then you may be better off filing a Chapter 7 and getting all debts wiped out including those having to do with this writ (if you owe a lender or a landlord money in connection with the writ).



Expert:  Legalease replied 3 months ago.

If it is an apartment, you should also explore appealing the writ of possession right in the court that issued it. It may buy you some more time but it probably will end up being upheld in the end. Talk to the clerk's office where the writ was issued and ask if they have an appeal form that you could use to file against the writ of possession. Again, every court operates differently and they may not have a form OR there may be no further appeals left.


Customer: replied 3 months ago.
Hello yeah so filing 13 in California does not stay auto say a writ for eviction anymore as of January 8 2016. Ive been told I can do chpt 11 and see about filing a emergency x parte. We went to court earlier today seeking a stay and loss. Bankruptcy does not get you outta the woods anymore.

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