Stop Lease Enforcement

Posted by & filed under Chapter 7 Debt Relief.

San Diego Bankruptcy Attorney

One of the most common things San Diego bankruptcy attorneys are asked is if a rental agreement or lease can be included in the bankruptcy filing.  The scenario often plays out like this:

The San Diego debtor usually cannot afford to make rental payments, among other debts, and decides to list the property management company and/or landlord in the bankruptcy list of creditors.  The property management company or landlord gets the notice of your filing, but does not understand the bankruptcy law or does not care and continues to pursue rent from you.

If the San Diego landlord proceeds to file an unlawful detainer against you for possession and back rent, the back rent portion should be dismissed because of the bankruptcy debt relief filing; however, he/she still has the right to evict you.  You should send copies of your San Diego bankruptcy paperwork and bankruptcy discharge to your landlord as well as his or her attorney.

So the short answer is yes.  Make sure your San Diego Bankruptcy Attorney includes your lease or rental agreement in the bankruptcy filing.

At Thompson | Wedeking, as San Diego Bankruptcy Attorneys, we have helped thousands of consumers just like you get the fresh start they deserve.  We are proud to serve all of San Diego county with their bankruptcy needs.  Do not be fooled by large advertisers charging thousands of dollars.  Call our office today at 619.615.0767 for more information.

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