I'm going to be sue'd

[saltyworm]

What is the name of your state (only U.S. law)? California

So I signed a commercial lease for 5 years and I'm on the fifth, but I couldn't keep up with the lease
and the landlord is kicking us out and will be suing me for rent that I owe.
I believe it will be sent to a small claim court and judgement will be made. Are they
going to take away from my wages? I current have a job.
If I file for bankruptcy will it discharge the judgement and all other personal/business
credit card debts? I don't own any asset and I recent started financing a used car.
What happens if I file bankruptcy? Does it affect my wages? I'm really stressed out...

 

[bigun]

Judgments from things like a lease or cc's can be discharged in bk.

Most bk lawyers will give a free or low cost initial consultation. Speak with a few and get all of your options explained.

 

[saltyworm]

I'm currently still trying to work on a settlement and payment plan with the LL but they haven't decided if
they would accept my offer... I guess if they don't I'll consult a BK attorney and file BK if thats the way I need to go.
How long does it take to file BK? Should I file BK before I get sue'd and judgement? Or should I wait after...

 

[LdiJ]

I'm currently still trying to work on a settlement and payment plan with the LL but they haven't decided if
they would accept my offer... I guess if they don't I'll consult a BK attorney and file BK if thats the way I need to go.
How long does it take to file BK? Should I file BK before I get sue'd and judgement? Or should I wait after...

Don't wait to get sued. If you have to file, then just do so.

 

[bigun]

Once it's clear that you and the landlord can't come an agreement, that's when you seriously consider filing.
Speak with a bk lawyer-they can go over the timeline with you.

 

[saltyworm]

4. Release of Liability. Conditioned upon Tenant's performance of its obligations under Paragraphs
2 and 3 of this Agreement:
(a) Landlord and Tenant shall, as of the Termination Date, be fully and unconditionally
released and discharged from their respective obligations arising after the Termination Date from or
connected with the provisions of the Lease; and
(b) This Agreement shall fully and finally settle all demands, charges, claims, accounts or
causes of action of any nature, including, without limitation, both known and unknown claims and causes
of action that may arise out of or in connection with the obligations of the parties under the Lease after the
Termination Date.
Each of the parties expressly waives the provisions of California Civil Code
Section 1542, which provides:
"A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have
materially affected his settlement with the debtor."
Each party acknowledges that it has received the advice of legal counsel with respect to
the aforementioned waiver and understands the terms thereof.



6. Continuing Liability. Notwithstanding the termination of the Lease and the release of liability
provided for herein, Tenant shall remain liable (a) with respect to the period of its tenancy prior to the
Termination Date, for the performance of all of its obligations under the Lease including, without
limitation, payment of Base Rent, Percentage Rent and Additional Rent and Tenant's indemnification
obligations under the Lease, and (b) without limiting (a) above, for all of its obligations under the Lease,
including, without limitation, its indemnification obligations, which expressly survive the expiration or
termination of the Lease.


I'm not quite sure what these 2 paragraph means completely, can anyone explain?

Also in state of California, can a signed document be faxed to me and if I were to sign it and fax it back, would that be a legal document/signature be effective?

 

[saltyworm]

Anyone? please???