Talk to a Lawyer
Enter a zip code to speak to a Lawyer that serves your area.

Select the type of Lawyer you need
If I am about to be evicted, will bankruptcy stop the eviction?
If I am about to be evicted, will bankruptcy stop the eviction?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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.
References:
Posted by Cynthia Padilla on 22 Jan 2010
0people found this useful
(1 Votes)