Legal Question in Bankruptcy in California

I am including my apartment lease in my chapter 7 filing...... couple of questions

1.) How long can I stay in my apartment without paying rent after I notify the landlords of my intent to file bankruptcy? I already have legal representation, documents completed, just no file number as of yet.

2.) My fiancee is also named on the lease. She filed chapter 7 bankruptcy, which was discharged in 2007. She has not established new credit since the discharge in 07. Will she be liable going forward?

3.) If so, can she reopen her bankruptcy to include the apartment?

Tx, Timesrtough


Asked on 4/07/10, 1:35 pm

2 Answers from Attorneys
Asaph Abrams Law Office of Asaph Abrams

1) It depends on the savvy of the landlord. Announcing intention to file may hasten eviction.

2) She will liable for all debts incurred after her bankruptcy filing.

3) No. Reopening her bankruptcy will not help.

Times are tough, but bankruptcy may afford you a fresh start and a better future.

Disclaimer: the above as well as any information found on our Web site is not legal advice and should not be relied upon. It does not create an attorney-client relationship. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars, or all means of addressing a situation. This is strictly my opinion provided for general informational purposes and it pertains to California law. Seek legal and other professional counsel before acting in relation to bankruptcy. It's worth the cost.

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Answered on 4/12/10, 2:33 pm
Ken Koenen, LLM Law Office of Ken Koenen

Since you have legal representation, you really need to ask these questions of your BK attorney

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Answered on 4/13/10, 9:09 am


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