Many renters who have faced temporary money troubles and have fallen behind on their rent may be able to use bankruptcy to stop their eviction.
Here's what you need to know:
- Filing bankruptcy will not free you from paying rent. It is advisable to continue paying rent while you are filing bankruptcy because if you fall behind on your rent payments while you are in bankruptcy, then your landlord will automatically have the right to proceed with the eviction.
- If the debtor is delinquent on their rent; but the landlord has not won an eviction order by the time the debtor has filed for bankruptcy, then the automatic stay will stop the eviction.
- The landlord may be able to win an exemption from the automatic stay. If the landlord wins an exemption from the automatic stay, they will be able to evict you even though you are in bankruptcy. Before you file bankruptcy, talk to your bankruptcy attorney about the possibility of the landlord winning an exemption from the automatic stay.
- Even if your landlord is allowed to evict you during your bankruptcy, you may still be able to discharge your back rent obligations through bankruptcy.
- You may be able to work with your bankruptcy attorney to negotiate a settlement with the landlord that will allow you to remain in your apartment or rented home. This settlement will most likely require that you pay back rent, plus any penalties and interest and that you remain current on your rent payments. However, if you are filing Chapter 7 bankruptcy and have no income, it is unlikely that a landlord will be willing to negotiate with you and allow you to remain in their property.
If you have any more questions regarding bankruptcy feel free to contact us today. We offer a free 1 hour consultation and would be more than happy to answer your questions.