Can bankruptcy stop eviction? 21 Answers as of May 29, 2013

I am behind on my rent and I just lost a job. I cannot compensate for my dues. Will filing a bankruptcy help prevent my eviction?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
The Automatic Stay will stop the eviction but only temporarily. Contact a local attorney for specifics.
Answer Applies to: Washington
Replied: 7/20/2012
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
You may need to file a chapter 13 so that you can get caught up on the rent.
Answer Applies to: Virginia
Replied: 7/19/2012
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
It will stop it, but only for the bankruptcy period of 3 or 4 months, and then the landlord can continue eviction.
Answer Applies to: New York
Replied: 7/19/2012
Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
The filing of a bankruptcy case stays creditors from collecting money from the debtor. This would include past due rent which would be dischargeable in the bankruptcy case. If you are a tenant under a lease the automatic stay would apply to all rent owed or owing during the term of the lease. If you are a month to month tenant the automatic stay probably would not apply to rent obligations owing after the filing of the bankruptcy. The owner of the property that you are renting could apply to the court for relief from the stay and permission to evict you. If the bankruptcy court were to grant this relief he could proceed with the eviction. The landlord would be in violation of the automatic stay if eviction proceedings were commenced without the permission of the court and subject the landlord to possible penalties including the award of actual damages incurred by you as the tenant.
Answer Applies to: Michigan
Replied: 7/17/2012
Wajda Law Group, APC
Wajda Law Group, APC | Nicholas M. Wajda
The filing of a bankruptcy will delay and stall the eviction process. Eventually you will be evicted unless you can get caught up on the back rent but the filing (as long as it is filed prior to you being evicted) will usually by you a month or two.
Answer Applies to: Nevada
Replied: 7/19/2012
    Evan Guthrie Law Firm
    Evan Guthrie Law Firm | Evan Guthrie
    Answer Applies to: South Carolina
    Replied: 5/29/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Only for a short while.
    Answer Applies to: California
    Replied: 7/18/2012
    Alvin Lundgren | Alvin Lundgren
    Yes, but only temporarily.
    Answer Applies to: Utah
    Replied: 7/18/2012
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    It will stop an eviction momentarily but if you cannot resume your payments in 30 days you will still face dispossessory actions.
    Answer Applies to: Georgia
    Replied: 7/18/2012
    Attorney At Law | Harry D. Roth
    It can slow it down, but it cannot stop it altogether. If you wait until a judgment (of eviction) has been entered, it won't even slow it down.
    Answer Applies to: California
    Replied: 7/18/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    Present BK statute requires you to post a bond equal to rent. So a BK probably stops eviction for a very short time. Never done it myself, so don't know for sure.
    Answer Applies to: Colorado
    Replied: 7/18/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You don't want to file bankruptcy just to delay an eviction. That would be an abuse of the system. It takes a month or so for me to get all the documents ready to sign once the client has gotten the questionaire back to me. So, it is generally not something that can be done quickly, unless you pay more, which if you had the money to pay the rent, would be more advisable.
    Answer Applies to: Florida
    Replied: 7/18/2012
    ABACUS LAW SVCS. | Ben Pradhan
    If the landlord has not already obtained an eviction judgment against, you may be able to delay the eviction but not prevent it, i.e you cannot continue to live there rent free for extended time. You can discharge past due rents in bankruptcy.
    Answer Applies to: Oregon
    Replied: 7/18/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    Answer Applies to: California
    Replied: 5/29/2013
    Steven Alpers | Steven Alpers
    It may slow the eviction process if you have not already been order to leave by the court.
    Answer Applies to: California
    Replied: 7/18/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    It can delay it.
    Answer Applies to: California
    Replied: 7/18/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    As a typical rule in Arkansas it would merely slow down the process. However, each jurisdiction has its own rules so you likely need to consult with a local attorney to be certain what effect it would have.
    Answer Applies to: Arkansas
    Replied: 7/17/2012
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