Keeping a roof over you and your family's head is a top priority, but this is often challenging if you are experiencing financial difficulties. Nothing really brings home the stark reality of your poor financial decisions like the danger of being evicted from your home. You can put a stop to eviction procedures with a Chapter 7 bankruptcy filing, however. Read on to learn more about keeping your place to live.
The Bankruptcy Automatic Stay
There are few more powerful and immediate forms of relief to rival that of the automatic stay. This legal procedure is effective as soon as you file your bankruptcy petition with the court and puts a stop to all debt collection activity, foreclosures, utility disconnections and, in some cases, evictions. The ability to utilize the bankruptcy automatic stop for eviction depends on your landlord's progress in the eviction process.
An Eviction Has Not Been Filed with the Court
If your landlord is threatening to evict you but has not officially filed paperwork with the court, you can use the automatic stay to keep you in your home for a temporary period of time. The actual time you have before the eviction is allowed to move forward varies depending on landlord-tenant laws in your state, but you should at least have enough time to take action. Since some of your money is not being spent to make the large minimum payments on credit cards, you may be able to bring your rent payments up to date.
An Eviction Has Been Filed Filed with the Court
If your landlord managed to file for an eviction before you got your bankruptcy petition filed, you may be out of luck when it comes to staying in that property for longer than the time allowed in your state. It should be noted that, in some locales, you may be allowed to "cure" the past due debt and have the eviction order vacated, so if you are in danger of being put out on the street contact your bankruptcy attorney immediately.
A Note about Other Types of Evictions
It must be understood that the reason given for the eviction matters a great deal. For example, if you are behind on your rent but you have also violated the lease agreement, you can only count on the automatic stay to help you out if the reason given in the filing is specifically related to being in arrears in rent payments.
If your rent is far past due and you are now in jeopardy of being evicted, take action quickly. Contact a bankruptcy attorney like Velde Moore Limited to learn more about your rights to stay in your home.
Share30 November 2016
