While bankruptcy's effect on eviction is not as powerful as its ability to stop home foreclosure, filing bankruptcy may have several benefits for people looking to prevent eviction.
These benefits may include allowing renters more time to make overdue rental payments, preventing landlords from pushing for evictions, and freeing up finances so tenants can afford to pay their rent.
Whether bankruptcy may stop eviction, though, depends in part on when the bankruptcy is filed, and the specific bankruptcy laws in your area.
The eviction process usually occurs in state court, where a landlord successfully obtains a judgment for possession allowing them to evict a tenant.
If a landlord has already has received a court-ordered judgment for possession, and the tenant has yet to file bankruptcy, the tenant's options may be limited.
However, if a tenant files for bankruptcy after the state court eviction decision, some states allow a final opportunity for tenants to stave off eviction. In these states, tenants may take the following steps in order to prevent eviction:
Eviction laws, though, vary widely by state, so speaking with a local attorney may help inform tenants of their state's property laws.
To connect with a lawyer in your area for a free consultation, simply fill out the brief form below:
If, on the other hand, a landlord has not yet received a court order for eviction, then the tenant has more options.
The automatic stay, a prominent feature of bankruptcy, may prevent a landlord from starting a collection action against the tenant, or pursuing eviction. The landlord may, however, ask the bankruptcy court to lift the stay.
In addition, while bankruptcy does have the potential to stop eviction in cases involving unpaid rent, it usually cannot prevent eviction if the landlord's action is due to:
So, if a tenant is facing eviction due to unpaid rent, and the eviction process has not been completed in state court, filing bankruptcy may very well be able to stop the eviction.
To learn more about whether bankruptcy does or does not stop eviction in your case, contact a local bankruptcy lawyer today.Speak to a Bankruptcy Lawyer Today
PAID ATTORNEY ADVERTISEMENT: THIS WEB SITE IS A GROUP ADVERTISEMENT AND THE PARTICIPATING ATTORNEYS ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. It is not a lawyer referral service or prepaid legal services plan. Total Bankruptcy is not a law firm. Your request for contact will be forwarded to the local lawyer who has paid to advertise in the ZIP code you provide. Total Bankruptcy does not endorse or recommend any lawyer or law firm who participates in the network nor does it analyze a person's legal situation when determining which participating lawyers receive a person's inquiry. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. The information contained herein is not legal advice. Any information you submit to Total Bankruptcy does not create an attorney-client relationship and may not be protected by attorney-client privilege. Do not use the form to submit confidential, time-sensitive, or privileged information. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys. To see the attorney in your area who is responsible for this advertisement, please click here, or call 866-200-8052.
FLORIDA ONLY: Total Bankruptcy is considered a lawyer referral service in the state of Florida under the Florida Rules of Professional Conduct. By all other standards, Total Bankruptcy is a group advertisement and not a lawyer referral service.
If you live in Mississippi, Missouri, New York or Wyoming, please click here for additional information.
By an Act of Congress and the President of the United States, we are a federal Debt Relief Agency. Attorneys and/or law firms promoted through this Web site are also federally designated Debt Relief Agencies. They help people file for relief under the U.S. Bankruptcy Code. Disclosures Required Under the U.S. Bankruptcy Code.