If I am about to be evicted, will bankruptcy stop the eviction?

If I am about to be evicted, will bankruptcy stop the eviction?

 

 

Answers (1)

It depends of whether or not your landlord has already obtained an eviction judgment against you.

If you have already filed for bankruptcy, your landlord cannot proceed with evicting you. This is an automatic stay. However, the landlord can ask the bankruptcy court to "lift" or remove the stay and can then proceed with evicting you. Most evictions are still stayed.

If you have not yet filed for bankruptcy, and your landlord has or will obtain a judgment against you before you file for bankruptcy, then a subsequent filing for bankruptcy will not stop the landlord from evicting you. An automatic stay does not apply in this situation.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 also allows a landlord to evict you, even if you have already filed for bankruptcy before a judgment has been entered against you, if the eviction is based on your endangerment to the rental property or your illegal use of controlled substances on the property. This is available to the landlord even if he hasn't yet filed an eviction action provided he certifies that the endangerment or illegal use of controlled substances has occurred within the past 30 days.

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