I just filed bankruptcy and was served with a order to appear in court for us to vacate our home we are renting. We were served with a 3 day notice and the landlord was informed we filed for bankruptcy and now filed the case in court. We are only 7 days behind... What now?
-
-
When you say "and now filed the case in court", do you mean the landlord filed something with the Bankruptcy Court, or with your local State/County/City Court. If its with your local court, then file a Notice of Bankruptcy with that court. If you have an attorney, contact him/her for advice.
However, you need to be prepared to bring your rent current. -
yes i got served today, it is with the local courtComment
-
How did they find out you had even filed?? I am curious b/c I thought they would not know unless they are hanging around the town offices perusing BK files (unlikely;))Comment
-
re: how did they find out
Did you tell your landlord you were filing for bankruptcy, did you list them on your list of creditors that you owed money to? If you are current on your rent there is no reason they should have been notified. What state are you in? Geez I am current on my rent and am seeing a lawyer next week, wonder if they will tell him.Comment
-
You're going to need to post more spefic details about this situation. Are you habitually late paying your rent? How was your landlord informed of your BK? Do you have a lease agreement, stipulating that your lease can be terminated if you file for BK? What is your state/county/town rental laws?The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.Comment
-
are you sure it's because you filed for bankruptcy or are you just assuming that's why. Most States law dictates that a landlord can make steps towards eviction as early as one day past due, but most have a grace period of 4-7 days. I've never heard of any one being evicted simply because they filed or had a bankruptcy, but they can certainly evict if you don't pay the rent. As far as I know, rent isn't covered under your bankruptcy protection so don't go without paying it!Comment
Comment