Legal Question in Bankruptcy in California

I have a tenant that filed for bankruptcy in the past few months. I am not sure how long the whole bankruptcy process takes. She is now not paying rent and she is only 4 months into a 12 month lease. If she does not pay rent and I need to proceed with an eviction (I know how to do this) and I obtain a judgement for the unpaid rent and rent to cover the unit until it is re-rented, can she add this debt to her bankruptcy that is already in progress? I have been told once you file for bankruptcy, any new debt does not go away. Is that true? Would my judgement be new debt or do I need to wait until her bankruptcy is completed before I can safely sue her? She does have a good job which she cannot afford to loose, so there is a reasonable expectation that I could collect the judgement in time. She has said she plans on moving out before the end of June. I am very familiar with the eviction process but not with bankruptcy. Thanks


Asked on 5/08/12, 8:58 pm

1 Answer from Attorneys
Charles Andersen Charles Andersen, Atty

I have a tenant that filed The overal length of the process depends upon the chapter. It is true that your tenant cannot discharge any liabilities for non payment of post petition rent.

Read more
Answered on 5/09/12, 11:51 am


Related Questions & Answers

More Bankruptcy Law questions and answers in California