Can I be evicted if I am filing for bankruptcy and can't affor this month's rent? 20 Answers as of June 09, 2013

I am filing a chapter 13 and can't afford to pay my rent this month, can my landlord throw me out?

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Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
Yes.
Answer Applies to: Michigan
Replied: 6/9/2013
Heupel Law
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
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
Diefer Law Group, P.C.
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
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
    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
    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
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    Yes.
    Answer Applies to: Mississippi
    Replied: 6/9/2013
    Ashman Law Office
    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
    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 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
    Melinda Murphy Dionne, PC
    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
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes.
    Answer Applies to: California
    Replied: 6/9/2013
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