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.