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Heupel Law | Kevin Heupel
Yes, but your landlord first has to file a motion for relief of stay with the bankruptcy court to get an order to proceed with the eviction.
Answer Applies to: Colorado
Replied: 8/22/2011
Lakelaw - Loop Bankruptcy | David Leibowitz
If you are not paying your rent, you will be evicted sooner or later. You can pay rent arrearages in chapter 13 as long as you are paying current rent as long as your lease has not already been terminated.
Answer Applies to: Illinois
Replied: 8/20/2011
Harry Marsh, Attorney At Law | Harry Marsh
It depends on the lease and the circumstances; but yes...sometimes you can be evicted even if you are paying rent. So, you can definitely (depending) be evicted if you are not paying.
Answer Applies to: North Carolina
Replied: 8/19/2011
Diefer Law Group, P.C. | Abel Fernandez
Once the case is filed, you will have bankruptcy protection but that will not last long. The owner eventually will be able to evict you.
Answer Applies to: California
Replied: 9/2/2011
The Law Office of Mark J. Markus | Mark Markus
It's not clear from your question when you are filing Chapter 13 in relation to any eviction. Your landlord can undertake all lawful eviction remedies up until you file your bankruptcy case. If your tenancy has not terminated by the date you file, then the landlord will need to obtain permission from the bankruptcy court to continue (or commence) eviction proceedings.
Answer Applies to: California
Replied: 8/19/2011
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If you don't pay your rent you will be evicted. Filing a bankruptcy may delay the eviction for a short time.
Answer Applies to: California
Replied: 8/19/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
In most districts, Chapter 13 does not address residential leases and you can be evicted without violation of the automatic stay.
Answer Applies to: Indiana
Replied: 8/19/2011
Ashman Law Office | Glen Edward Ashman
It sounds like you made the usually catastrophic mistake of filing without counsel, as the answer to staying or leaving was determined by what you were supposed to file or will file. So at this point, hire counsel today. It is very unlikely that you will navigate this issue, or others in your case, pro se.
Answer Applies to: Georgia
Replied: 8/18/2011
Carballo Law Offices | Tony E. Carballo
Yes, you can be evicted eventually because you cannot live there rent-free. The amount owed before you file for bankruptcy can be discharged but the amount after filing for bankruptcy must be paid or the landlord will ask the bankruptcy court for permission to evict you (this is called a "motion for relief of stay").
Answer Applies to: California
Replied: 8/18/2011
Charles Schneider, P.C. | Charles J. Schneider
Not right away because there has to be lift of the automatic stay (the order that initially protects you from creditors) granted the landlord by the court. You can cure a delinquency in rent payments in a Chapter 13 case if there is time remaining on a lease. However, if you are a month to month lessee the landlord could still get a lift of stay and evict you despite a cure.
Answer Applies to: Michigan
Replied: 8/18/2011
Lewis Adams and Associates | Lewis P. Adams
A landlord has all of the remedies to evict if you fail to pay the rent. However, in the bankruptcy, you can reject the lease, which eliminates any liability for future rents.
Answer Applies to: Utah
Replied: 8/18/2011
Grasso Law Group | Charles Grasso, Esq.
Once you file your petition the automatic stay will prevent any immediate eviction. However, your landlord can ask for relief from the stay if you don't work something out.
Answer Applies to: California
Replied: 8/18/2011
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Your landlord has to follow the eviction laws to get you out. If you file bankruptcy he or she will have to get the court's permission to proceed. It may take time but eventually you will be evicted if you do not pay the rent. Worse, it will be very difficult to ever rent again if there is an eviction proceeding filed against you.
Answer Applies to: California
Replied: 8/18/2011
Melinda Murphy Dionne, PC | Melinda Murphy Dionne
You have no protection until your case is actually filed. Once you file your Chapter 13 case, you can continue to live in the property if (1) your lease has not been terminated prior to your filing; (2) you assume the lease; (3) you provide a adequate means of curing any default on the lease; and (4) you make your rent payments post petition (after you file your case).
Answer Applies to: Alabama
Replied: 8/18/2011
