Bankruptcy Law/Eviction

Advertisement

Expert: - 9/13/2008


Question
HI,
I am planning on filing for bankruptcy, I have not yet though.
My landlord just filed the paperwork for an eviction for non-payment of rent.
I really do not want an eviction under my name and I was wondering if the Eviction is dischargeable in a Chapter 7 bankruptcy also?
Also, the eviction has not been approved by the court yet, and I was wondering if I have to wait until the eviction proceeding is over before filing for a bankruptcy in-order to include the Eviction in my bankruptcy?

Hope that makes sense,
Thanks.

Answer
An eviction is procedure to get someone physically out of a piece of property.  Discharges in bankruptcy are of debts or obligations to pay money.  So, when you ask if an eviction is dischargeable, I don't know how to answer your question.  If you are asking if the past due rent is dischargeable in bankruptcy, the answer is yes.  

Hope this answers your questions.  IF not, please clarify and I will do my best to answer.

Bankruptcy Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

Mark J. Markus- California Bankruptcy Attorney

Expertise

Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

Experience

Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

    • ©2012 About.com, a part of The New York Times Company. All rights reserved.