Can filing for a bankruptcy stop my eviction?

By Gregory Nassar

Can filing for a bankruptcy stop my eviction?

In most cases yes. Typically, the automatic stay afforded to debtors when filing for bankruptcy will stop all collection methods, including evictions. However, how effective the automatic stay provision will be is determined based on the status of the debtor's eviction process.

The basics are:

If the debtor files for bankruptcy prior to the court granting an eviction in favor of the landlord, the debtor will generally be able to stall the eviction process for a much longer time period much than that if the landlord acquired an eviction judgment against the debtor prior to the filing of the bankruptcy. If the latter occurs, the debtor will have the option to meet a few conditions to avoid the eviction, one of which is posting rent for 30 days with the court and paying past due rent.

Bankruptcy protection and evictions is complex. Further, providing proper notice to parties and following proper procedures add to such complexity. Such situations must be properly evaluated by a knowledgeable bankruptcy attorney to avoid having valuable assets taken during your bankruptcy. As a highly skilled bankruptcy attorney, I make it my goal to provide each client dedicated the time and experience to assist clients with their bankruptcy filing.

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