If you file for bankruptcy protection, can you still be evicted?
Can You Still Be Evicted If You File For Bankruptcy?
Filing for bankruptcy protection will not protect you from being evicted. You still have to pay rent. However, filing a Chapter 13 bankruptcy may provide a way out. In such a case, you will have to pay your rent over a set period of time. You also need to meet certain requirements, such as paying rent arrears within 30 days of filing for bankruptcy protection.
Whether you can still be evicted if you file for bankruptcy protection
If you are facing eviction, bankruptcy protection may provide a way out. It stops a landlord from evicting you while you're in bankruptcy, even if you're behind on your rent. It also prevents your landlord from collecting rent.
After filing for bankruptcy protection, you have 30 days to pay back your debts. However, this does not mean you can't be evicted until this period has expired. The landlord may still refuse to renew your lease or evict you without proper notice. However, a landlord who has obtained a judgment for possession will not be prevented from evicting you.
Automatic stay order prevents eviction
Filing for bankruptcy protection allows debtors to avoid eviction proceedings. The automatic stay is in place for up to 20 days after a bankruptcy petition is filed. During that time, essential utilities can't be stopped. For the duration of the stay, landlords cannot evict tenants. The automatic stay also protects public benefits recipients. If your landlord has threatened eviction, the automatic stay can help you delay it for a few days, weeks, or even months.
The automatic stay order doesn't prevent all collection efforts, so your creditor may still report you to the district attorney. This could trigger a hefty financial penalty. For this reason, you should contact a qualified bankruptcy attorney if you have any questions about your situation. In addition, if you receive any collection calls, you can file a motion for violation of the automatic stay. If the creditor violates the order, the judge can grant you damages ranging from attorney fees to punitive damages.
Requirements to stay in your home if you file for bankruptcy protection
In order to stay in your home after filing for bankruptcy protection, you must make all of your monthly mortgage payments. If you don't, your home could be foreclosed on. Bankruptcy courts are designed to protect people from being put out on the street, so it's important to keep up with payments while you're in bankruptcy protection.
Rent arrears must be paid within 30 days of filing bankruptcy case
When considering bankruptcy, renters often worry about the impact their case will have on their rental agreement. They wonder if they can still stay in their rental home during the bankruptcy process and what will happen to any past-due rent. This article addresses these concerns and explains what your options are if you need to file for bankruptcy while renting a home.
Once your bankruptcy case is filed, you must notify your landlord about your situation. Typically, you'll be given 30 days to catch up on any rent arrears. If you don't do this, your landlord will be able to evict you. If you meet these requirements, you'll be able to stay in your rental property until your case is over.
If you have any questions, you can get a free consultation with Ascent Law LLC:
Ascent Law LLC:
8833 South Redwood RoadSuite C
West Jordan, UT 84088
(801) 676-5506
