Expert: Norma Duenas - California Bankruptcy Attorney - 11/5/2009

Question
QUESTION: My pre-bankruptcy court hearing is on Nov. 9th in california.  However, because the courts are backed up here, my chap. 7 bankruptcy may not be discharged for at least 3-5 months.  I want to move to colorado and rent an apartment in march, however, my fear is that my bankruptcy may not be discharged before then.  Can i rent before my bankruptcy has been discharged? I am moving to Colorado.

Thank You!

ANSWER: The fact that you are in a bankruptcy case should not prevent you from renting a necessary place to live. Second you do not have to remain in California while your case is pending in the bankruptcy courts.

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QUESTION: Will it make it more difficult to rent a place? I've looked at a few places in Colorado and I was told that my bankruptcy must be discharged prior to me filing an application and that no one would rent to someone who has an open bankruptcy

Answer
Although a bankruptcy filing is a factor considered by landlords and owners in determining whether to rent to you, there is nothing that prevents you from filing out an application prior to receiving a discharge. Many people have to move out of their home while going through bankruptcy, (since they surrendering their home). They have to find a place to live and of course many will apply to rent a home or apartment while going through bankruptcy. Although your bankruptcy filing may affect where you can rent, you should be able to find a location. If you have a bankruptcy attorney you should also talk to them to make sure there is no unusual reason that you need to remain in  your state during the completing of your bankruptcy case.

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