Can my eviction be stopped if I file for bankruptcy? 15 Answers as of September 22, 2011

It is important to understand that rent is treated differently from other debts in a few important ways. While you can discharge the past due rent, you cannot fail to pay your rent and stay in your residence. The automatic stay will delay any eviction action (unless a judgment for possession has already entered in your landlords favor). If your landlord has sent you an eviction notice for non-payment of rent (i.e., a 14-day notice to quit), then you can stop the eviction (for now) by filing either a Chapter 7 or a Chapter 13 case. The filing of either case will only DELAY the inevitable eviction however, unless you pay the past due rent and your monthly rent as it comes due. In a Chapter 13 case you can spread out the payments over the full course of the plan (up to 5 years). If, on the other hand you file a Chapter 7 case, you will need to come up with the past due rent in a much shorter period of time. The landlord will have a right to file a motion for relief from the automatic stay (i.e., ask the bankruptcy judge for permission to evict you) unless you pay the rent arrears in full. If you want to move out of the premises, then you can simply file a Chapter 7 case to delay the eviction, and move out without paying the past due rent. Please note, however, that you will still need to pay the rent for the period of time that you occupy the premises after the date your bankruptcy petition is filed.

If you rent is past due, you are going to have to move at some point, possibly soon, with or without bankruptcy. Leases and bankruptcies tie together, and you need counsel now to determine what are your options. Depending on details we do not have, staying may not be an option.

Yes, an eviction can be stopped, and you can "assume" the rental agreement for whatever terms it provides, but you have to give adequate assurance (to the court) that you will bring any unpaid rent, late fees and costs current and keep them that way for the remaining term of the rental agreement.

Depending on the county you live in, the eviction process can vary in the time it takes to evict someone. But, a landlord can not just threaten you to leave, they have to file for eviction in landlord/tenant court and have the judge sign off on it. In the meanwhile, any state court proceeding is stopped once you file a bankruptcy. This is called the "automatic stay" and unless the landlord fights it in federal court, the eviction proceeding will stop and the landlord will have to wait until your bankruptcy is discharged (if you are filing a Chapter 7) to proceed with the eviction. Any back rent would be included in the bankruptcy and would likely be discharged.

If you file for bankruptcy your past due rent can be discharged. Filing for bankruptcy doesn't mean you can remain in possession of your rental without paying rent.

It is my understanding that a bankruptcy may delay an eviction but will not ultimately prevent it.

Yes, filing bankruptcy will stop the eviction and Chapter 13 is a way to repay the missed rent payments.

The bankruptcy will just slow down the eviction. It will not stop it completely. Any past due rents will be discharged.

A bankruptcy can delay the eviction but if you want to stay there you will have to pay rent.

Filing for bankruptcy will only stall it.