QUESTION
If I filed for a chapter 7 bankruptcy before my unlawful detainer hearing, do I need to attend the unlawful detainer hearing?
Asked on Oct 09th, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
And if I do have to attend, will the judge put off the unlawful detainer judgement until the bankruptcy case is heard or does the responsibility then fall on the landlord to hire an attorney if they were doing the unlawful detainer pro per?
2 ANSWERS
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If you file for bankruptcy, the automatic stay goes into effect and the unlawful detainer action must stop. However, the landlord can go into the bankruptcy court and either get the stay lifted or get an order requiring you to pay your current rent or be evicted.
Answered on Oct 10th, 2013 at 10:25 AM
You need to appear. Any rent owed before the bankruptcy was filed will be discharged, or forgiven, but you still must pay rent on a monthly basis since the filing or you can be evicted.
Answered on Oct 09th, 2013 at 6:24 PM