Will filing bankruptcy stop eviction? 23 Answers as of August 21, 2014

I’m behind on rent due to job loss. My landlord has accepted partial payments in the past but no longer will. If I file bankruptcy, including my back rent, will he still be able to evict me?

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Stephens Gourley & Bywater | David A. Stephens
It will stop an eviction but only for a very short period of time.
Answer Applies to: Nevada
Replied: 8/21/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Yes. However, if you file, he will not be able to collect back due rent, but the eviction can move forward.
Answer Applies to: Colorado
Replied: 8/19/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
Most likely, yes.
Answer Applies to: California
Replied: 8/19/2014
Idaho Bankruptcy Law | Paul Ross
A bankruptcy will delay an eviction only if the judgment has not been entered. If you want to keep the property, you will have to work something out either in filing a Chapter 13 or resolving the issue with your landlord. Otherwise, you will likely still eventually be evicted, even though you filed bankruptcy. The bankruptcy will delay it unless you provide for it in your bankruptcy.
Answer Applies to: Idaho
Replied: 8/19/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
If you file a bankruptcy you will have an automatic stay against all creditors' actions including your landlord's ability to evict you. The past rent would also be discharged. However, a Ch 7 will last only about 3 months then you will not have that protection against eviction.
Answer Applies to: Minnesota
Replied: 8/19/2014
    Rhymer Law Firm
    Rhymer Law Firm | William Rhymer
    Based on what you said, you could stop the current eviction but as soon as you get behind again he can start another eviction action and the bankruptcy would not stop it.
    Answer Applies to: Georgia
    Replied: 8/18/2014
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    Yes he will. You can't stay in your rental without making the payments. At the most you would get a little additional time. There are streamlined processes available for the landlord. It wouldn't be fair for you to stay without paying the rent. If you moved out and owed back rent that might be discharged depending on the circumstances. The bankruptcy law attempts to be fair to all the parties involved.
    Answer Applies to: California
    Replied: 8/18/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, it will slow down the process but once your bankruptcy is over they can evict you.
    Answer Applies to: New York
    Replied: 8/18/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Filing bankruptcy can delay an eviction for a short time, but sooner or later, if the landlord wants you out, the eviction can take place.
    Answer Applies to: Nevada
    Replied: 8/18/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    The landlord can file a Motion for Relief from the Automatic Stay" as soon as you file, which will allow the landlord to pursue and unlawful detainer (eviction) against you. So while you can delay an eviction, you can't do so indefinitely. You would be better off working something out with your landlord and move out before an unlawful detainer action is filed. You should see an attorney.
    Answer Applies to: California
    Replied: 8/18/2014
    Harper Law Offices, Inc. P.S.
    Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
    Filing bankruptcy will stop an eviction in progress, but it will only be temporary. Possession is conditioned upon the payment of rent, and while the bankruptcy may relieve you from paying back the debt owed, you will still have to vacate the premises. The bankruptcy code allows for leases to be assumed or rejected, and includes month-to-month tenancies. If you reject the lease, you have to lease. If you assume it, you have to keep paying rent accordingly, and may need to pay back rent to stay. Even if your debt is discharged, you might still have to pay to stay. Otherwise, you must leave and could be evicted later. The automatic stay will not last forever. You should consult with a bankruptcy attorney, or your bankruptcy attorney, if you have concerns about a possible pending eviction.
    Answer Applies to: Washington
    Replied: 8/18/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Yes it will arguably stop immediately and reduce the amount of back payment you are owed.. .. but it will NOT stop your requirement from paying rent.. Further your rent payment will become a PRIORITY administrative payment ... paid before any of your other creditors If you cannot afford the rent your best bet is to move to a cheaper residence.
    Answer Applies to: Michigan
    Replied: 8/18/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    This is a somewhat complicated area of bankruptcy law, dependent on whether your landlord has obtained a judgment against you. If he has, then you may need to deposit the back rent with the bankruptcy court to avoid an eviction. You would be wise to get competent legal counsel to help you stay in your home.
    Answer Applies to: Oregon
    Replied: 8/18/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, he can still evict you if have lost the right to possession. If you have not lost the right to possession you could file a ch13 bankruptcy, but you would have to pay the rent as it comes due plus a catch up payment. Check with local counsel to determine if you have lost the right to possession. In California you lose the right to possession when the 3 day notice expires.
    Answer Applies to: California
    Replied: 8/18/2014
    Ronald K. Nims LLC | Ronald K. Nims
    Bankruptcy will briefly delay eviction unless you pay all your back rent. If you pay all your back rent, then bankruptcy will stop the eviction.
    Answer Applies to: Ohio
    Replied: 8/18/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If you cure rent arrears in the bk and assume the lease he cannot evict you.
    Answer Applies to: Nevada
    Replied: 8/18/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    Bankruptcy won't stop the eviction, but may discharge any back rent due.
    Answer Applies to: California
    Replied: 8/18/2014
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