Can I Stop An Eviction By Filing Bankruptcy?
The short answer is yes. If the landlord does not have a judgment granting him possession of the premises, filing a chapter 7 or chapter 13 will stop the eviction. If you decide to file a Chapter 13 bankruptcy you have two options: assume the lease agreement and keep it, or reject the lease agreement and move out of the apartment. If you decide to keep the lease, you can repay the past due rental payments in as part of your Chapter 13 debt repayment plan. Additionally, you will have to continue to make monthly rental payments going forward. Failure to keep rent current on the ongoing monthly payments, or the chapter 13 plan payments, will allow the landlord to petition the court for relief from the automatic stay – allowing the eviction to resume.
If you decide to file a chapter 7, the filing of the chapter 7 petition will temporarily stop the eviction. Additionally, any past due rent that has accumulated as of the date of the filing, can be discharged. However, you would be obligated to pay any rent that comes due after the petition date for as long as you occupy the premises.
If you find yourself with further questions or concerns, please don’t hesitate to contact Wood & Brewer, LLC today to see if perusing this measure is a fit for you.