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Can Bankruptcy Help Me If I Am Dealing with an Eviction?

Posted By Allmand Law Firm, PLLC || 14-Mar-2014

In many cases you can prevent eviction from moving forward if the landlord does not have a judgment for possession. In other words, if you receive an initial notice for eviction you may be able to file bankruptcy to stop the process from moving further. In some cases there may be exceptions to consider but you can review your situation with an experienced bankruptcy attorney to get a better idea where you stand and what action to take next.

When bankruptcy is filed the automatic stay helps stop legal action such as foreclosure, repossession and eviction. Most debtors in this situation may be able to file protection and have the eviction come to a halt. If you are found to have used illegal substances or caused endangerment to the property, these exceptions may be enough for the eviction to move forward even if the landlord does not have a court judgment. If an exception such as what was previously mentioned happens to be the case, the landlord has to prove it occurred within the last 30 days.

The automatic stay in bankruptcy may help stop or prevent utility disconnection as well as eviction. Keep in mind under unique circumstances the landlord can have the stay lifted if the court grants the requests. It is recommended debtors facing utility disconnection, foreclosure, repossession or eviction should discuss their options with a qualified bankruptcy attorney.

Categories: Foreclosures
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