Can filing bankruptcy stop or prolong my eviction? 13 Answers as of January 05, 2011

After buying a home in, my landlord refused to give me the deed. After so many payments he sold the home and now I am being evicted on early January. Can filling for bankruptcy stop the eviction?

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Maclean Chung Law Firm
Maclean Chung Law Firm | G. Thomas MacLean Jr.
If you have been a victim of fraud by your landlord or breach of contract, you should pursue those legal remedies instead of bankruptcy. Contact an attorney to discuss the facts of your situation.
Answer Applies to: California
Replied: 1/5/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
It can temporarily stop the eviction, but unless you are doing a "reorganization" (chapter 11 or 13) in which the property is necessary for the reorganization, unless you catch up on the past due payments and stay current, the landlord will quickly obtain permission to proceed with the eviction under applicable state law.
Answer Applies to: California
Replied: 1/3/2011
Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
If the landlord has obtained an order for posession, the filing of the bankruptcy will not stop the eviction, although there are some exceptions. It also appears that you bought the property on contract and the landlord sold it to someone else. That would be an issue for the State Court, although you may be able to litigate it in the Bankruptcy Court as well. Seek the help of a good attorney.
Answer Applies to: Illinois
Replied: 1/3/2011
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
Yes, as long as you file before the judgment. However, the owner can ask the bankruptcy court for permission to follow through with the eviction. Your scenario sounds like you need to attack the eviction in state court...filing for bankruptcy may not be necessary. Speak with an attorney
as soon as you can.

Bankruptcy will prolong the eviction. It will stop it until the new owner obtains permission from the bankruptcy court to proceed with the eviction.
Answer Applies to: California
Replied: 1/3/2011
Steven D. Keist, Attorney at Law
Steven D. Keist, Attorney at Law | Steven D. Keist
Filing bankruptcy can prolong the eviction process but you should be aware that it may be a short time frame.
Answer Applies to: Arizona
Replied: 1/3/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It can delay the eviction but it can not stop the eviction.
    Answer Applies to: California
    Replied: 1/3/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Yes, bankruptcy can stop the eviction. You can even deal effectively with the deed and whether he can sell the property to another buyer; whether he breached your agreement.
    Answer Applies to: California
    Replied: 1/3/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Yes. Maybe only for a very shot period, depending on how far along the eviction is.
    Answer Applies to: Virginia
    Replied: 1/3/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    It will not permanently prevent the eviction but it will delay the eviction for some time. I would speak to an attorney to assist you.
    Answer Applies to: California
    Replied: 1/2/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Bankruptcy will prolong the eviction. It will stop it until the new owner obtains permission from the bankruptcy court to proceed with the eviction. How soon and how easily the new owner can obtain permission to evict you from the bankruptcy court depends on the status of the eviction in the California court. If the new owner already has an order for possession from the Superior Court, then he or she can quickly obtain relief of stay (permission) from the bankruptcy court to have the Sheriff execute the order for possession. You should have fought your claim that you owned the house in the eviction case in the California Superior Court. It might be too late to bring that up in the bankruptcy court. You need to discuss this with a local bankruptcy attorney and might need a real estate attorney also if you have a strong claim about having bought the house and not received a deed from the seller (your landlord). Unless you can prove that the new owner had notice or should have known that you had purchased the house, it will be difficult to oppose the eviction by the new owner on that basis. You might be able to sue the landlord for your damages. Filing bankruptcy just to prolong an eviction is risky and should be carefully considered only after consultation with an experienced loca bankruptcy attorney. Many things need to be considered and not just the eviction in the decision as to the best legal option.
    Answer Applies to: California
    Replied: 1/2/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes. It can delay an eviction as long as you file before there is a judgment against you.
    Answer Applies to: California
    Replied: 1/2/2011
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    It sounds like you should fight the eviction in the State Court who issued the eviction notice.
    Answer Applies to: New Hampshire
    Replied: 1/2/2011
    Law Offices of Lady Justice
    Law Offices of Lady Justice | Mona Patel
    Yes it can prolong it since there is a automatic stay for up to 90 days once you file bankruptcy.
    Answer Applies to: California
    Replied: 1/2/2011
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