Can I stop eviction with bankruptcy? 5 Answers as of September 23, 2010

My landlord is threatening eviction. I have also have credit card debt totaling more than $40,000. If I file for personal bankruptcy will this prevent my landlord from being able to evict me?

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Law Office of Barbara Seeley Curtis
Law Office of Barbara Seeley Curtis | Barbara Curtis
It will stall the action but not stop it.
Answer Applies to: Florida
Replied: 9/23/2010
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
Filing for bankruptcy will not relieve you of your obligation to pay rent, although it may help with any arrears, depending on your situation.

If you are behind in rent, but the landlord has not yet gotten an eviction order from the court, then the automatic stay that results from filing for bankruptcy will stop the eviction, unless the landlord successfully files a motion with the bankruptcy court to lift the automatic stay . However, once the bankruptcy petition is filed, you will have to stay current with rent payments; otherwise, the landlord can evict you, because the automatic stay does not affect any debts incurred after the filing. But even if you stay current with rent payments, some states will allow a landlord to evict you, anyway, although your back rent will still be discharged.
Answer Applies to: California
Replied: 9/23/2010
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
If your tenancy has not already been terminated by operation of law (e.g. via a 3-day notice, etc.) then filing bankruptcy will temporarily stop the eviction. If you don't find a way to catch up on the payments to your landlord, then they can get permission from the bankruptcy court to proceed with the eviction.
Answer Applies to: California
Replied: 9/22/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Yes but only for a short time.
Answer Applies to: California
Replied: 9/22/2010
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