Can you file a bankruptcy in order to stop an eviction? 15 Answers as of April 11, 2012

Can you file bankruptcy to stop an eviction?

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Debt Relief Law Center | Roger J. Bus
In Michigan, the filing of a bankruptcy case only temporarily "stays" eviction proceedings.
Answer Applies to: Michigan
Replied: 4/11/2012
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Yes, the automatic stay will stop the eviction but only temporarily. Contact a local attorney for specifics.
Answer Applies to: Washington
Replied: 4/10/2012
Ryan Legal Services, Inc.
Ryan Legal Services, Inc. | Kevin Ryan
The bankruptcy stay will stop an eviction proceeding. The landlord can file a motion for relief from stay and usually get an Order permitting them to continue with the eviction about 30-60 days after your bankruptcy case is filed. There is a provision in the bankruptcy code permitting you to force the lender to accept payment of past-due rent.
Answer Applies to: Ohio
Replied: 4/9/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, but it will only be a temporary stay. If the landlord is clever at all he/she can file an "emergency" motion to have you evicted soon.
Answer Applies to: California
Replied: 4/9/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Filing a bankruptcy creates an automatic stay.? Stopping an eviction, in and of itself, is not a good reason to file bankruptcy, since the process of eviction will proceed quickly after the automatic stay is ended.
Answer Applies to: California
Replied: 4/9/2012
    Benson Law Firm
    Benson Law Firm | David Benson
    Whether you can stop an eviction by filing bankruptcy depends on whether the landlord has won possession of the property. If there is no judgment for possession, the automatic stay can prevent the eviction from proceeding. However, the landlord may, in turn, file a motion to lift the automatic stay in bankruptcy court seeking permission to leave bankruptcy and continue with eviction proceedings. If that motion is granted, then the landlord may pursue a judgment for possession.
    Answer Applies to: Ohio
    Replied: 4/9/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Maybe for a week to four weeks, depending on the landlord.
    Answer Applies to: California
    Replied: 4/9/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Yes, but it will not for very long.
    Answer Applies to: Michigan
    Replied: 4/9/2012
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes but it will only delay the process
    Answer Applies to: Florida
    Replied: 4/9/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, you can but it will not stop it for too long.
    Answer Applies to: New York
    Replied: 4/9/2012
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    Yes, but if there is already a judgment of eviction, then there is a change in the bankruptcy law that would not protect you. Otherwise, the bankruptcy will delay the eviction.
    Answer Applies to: Florida
    Replied: 4/9/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can file a bankruptcy to stop and eviction but the landlord can seek relief in the bankruptcy court to continue with the eviction. The bankruptcy stops the landlord from being able to collect money but it does not stop the landlord from seeking possession of the property. Thus, the bankruptcy can get you more time if the landlord does nothing but if the landlord moves forward with getting permission to take possession you will end up getting evicted.
    Answer Applies to: California
    Replied: 4/9/2012
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    You bet. There are special rules though. You will need ann attorney for that.
    Answer Applies to: Ohio
    Replied: 4/9/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It depends on where you are in the process. Detailed knowledge of the full situation is required before you can be given firm advise.
    Answer Applies to: Michigan
    Replied: 4/9/2012
    Ipson Law Firm, PLLC
    Ipson Law Firm, PLLC | Michael Ipson
    Yes, but you will have to pay rent during the eviction or the can petition the court to kick you out
    Answer Applies to: Utah
    Replied: 4/9/2012
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