Can I use bankruptcy to stop an eviction? 14 Answers as of February 27, 2011

Can a bankruptcy attorney stop an eviction? I was told to move out by the 20th of this month.

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Yes. A bankruptcy proceeding can temporarily stop an eviction proceeding. For specific advice about the facts of your matter, call me.
Answer Applies to: California
Replied: 2/27/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No, you cannot.
Answer Applies to: Tennessee
Replied: 2/21/2011
Srai Law Office
Srai Law Office | Gurjit Singh Srai, Esq.
Generally, Bankruptcy will stop most proceedings because an automatic stay will go into effect. However, if the landlord petitioned the court to get the stay lifted (relief from automatic stay) then the eviction could still proceed.
Answer Applies to: California
Replied: 2/21/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
Yes, bankruptcy could stop an eviction and even get you out of a lease or rental contract. However, you are still legally obligated to pay rent for the time you occupy the premises. You're only delaying the inevitable. If that's you're only reason to file bankruptcy, it could be in bad faith.
Answer Applies to: California
Replied: 2/21/2011
Carballo Law Offices
Carballo Law Offices | Tony E. Carballo
Filing a bankruptcy case will stop the eviction but if there is already an order for possession of the property by the owner/landlord from the California court then the eviction will be stopped for only a short time until the landlord asks the bankruptcy court to allow the eviction to proceed. In your case it sounds like the Sheriff already posted the property so there is already an order giving the owner immediate possession after the Sheriff gets you out on the 20th of this month.
Answer Applies to: California
Replied: 2/21/2011
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    You should see if you have a basis to fight the eviction in District Court.
    Answer Applies to: New Hampshire
    Replied: 2/21/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Bankruptcy will temporarily stop an eviction, but if the tenancy has terminated under state law prior to filing the bankruptcy case, it's a simple matter for the landlord to get permission from the Court to proceed/continue with the eviction.
    Answer Applies to: California
    Replied: 2/21/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    A bankruptcy will slow down an eviction but it will not stop it. Depending on how aggressive the landlord is a bankruptcy may only give a few extra days.
    Answer Applies to: California
    Replied: 2/21/2011
    Gresham Family & Bankruptcy Law
    Gresham Family & Bankruptcy Law | Lillian Suelzle Watson
    A bankruptcy can delay an eviction, not stop it. You would need to ask a bankruptcy attorney for an answer to your specific circumstances. Good Luck.
    Answer Applies to: Oregon
    Replied: 2/21/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Eviction laws vary by state. You should call a local bankruptcy lawyer and explain it to them.
    Answer Applies to: Alabama
    Replied: 2/21/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    Yes, absolutely, but only temporarily. It is advisable to speak with an attorney who does both bankruptcy and eviction (like me).
    Answer Applies to: California
    Replied: 2/21/2011
    Goodman, Dicus, and Teinert, LLP
    Goodman, Dicus, and Teinert, LLP | Scott W. Dicus
    If the landlord does not already have a judgment when you file, and he or she wants to evict you for your failure to pay rent or violation of another lease provision, the automatic stay that goes into effect when you file for bankruptcy will prevent the landlord beginning or continuing with eviction proceedings. However, the landlord can always ask the judge to lift the stay, and courts tend to grant these requests.
    Answer Applies to: California
    Replied: 2/21/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, a bankruptcy can stop an eviction.
    Answer Applies to: California
    Replied: 2/21/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    It will only buy you about 10 more days in the house.
    Answer Applies to: California
    Replied: 2/21/2011
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