Landlord tenant eviction & bankruptcy
If you are facing an eviction, call an experienced attorney right away to protect your rights.
Call Ronald S. Cook, Esq. 1-888-275-2620
When a landlord starts the eviction process, a tenant can use bankruptcy to deal with the eviction. The timing of things is very important. A tenant should retain an experienced bankruptcy attorney right away. If that attorney suggests that you file a bankruptcy, do this BEFORE the landlord obtains a JUDGMENT of eviction. The bankruptcy can stop the eviction and the bankruptcy court takes priority over what’s happening with the eviction. The landlord would need to get permission from the bankruptcy court in order to do anything further with the eviction process.
With a chapter 7 bankruptcy, you can write off the past due rent that is owed to the landlord. If you want to remain a tenant, you’d need to resume paying rent after you file the bankruptcy. Note that a landlord could decide to evict you AFTER your bankruptcy case is closed simply because they had to write off your rental arrears. This is certainly a risk and should be discussed with your attorney. Note that a landlord can try to object to form 101A.
If you are facing an eviction, call an experienced attorney right away to protect your rights. Call Ronald S. Cook, Esq. 888-275-2620.
BEWARE: If your landlord already obtained a court-ordered eviction judgment, your bankruptcy won’t automatically stop the eviction, unless you do the following:
If the tenant wishes to receive bankruptcy court protection after a judgment is issued, you can use form 101A. If the eviction is for the nonpayment of rent, you can establish a plan to CURE the rental arrears, and a bankruptcy can deal with the arrears.
In the bankruptcy petition, the tenant specifies they rent their principle residence. Form 101A (Initial Statement About an Eviction Judgment Against You) needs to be submitted to the bankruptcy court. The form needs to be served upon the landlord right away. The form tells the court you NEED 30 days of protection because you are planning to pay the delinquent amount. Also, you deposit with the court a payment covering your next 30days of rent. Note that a landlord can try to object to form 101A.
Here is the form so that you can see what is required:
The court also offers form 101B (Statement About Payment of an Eviction Judgment Against You.) This is for if you already filed form 101A, and you served the 101A form on your landlord, and you want to stay in your rented residence for more than 30 days after you file your bankruptcy petition. You use form 101B within 30 days after you file your voluntary petition AND serve your landlord within that same time period. Note that you need to have dealt with your arrears in order for this to work. Also note that a landlord can try to object to form 101B.
If you are facing an eviction, call an experienced attorney right away to protect your rights.
Call Ronald S. Cook, Esq. 1-888-275-2620
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My landlord is evicting me, what can I do?, Landlord and tenant disputes, What to do if you are being evicte, what to do if there is an eviction judgment
