Filing a chapter 7 bankruptcy is probably one of the safest ways to deal with eviction proceedings. In other words, by filing a bankruptcy petition you will be able tostay in the house for a longer period of time. Also, you can catch up with your missed rent payments. Stopping eviction with bankruptcy is possible. This is because of the automatic stay issued by the bankruptcy court. This order prohibits the creditors from either contacting you. They wont even be able to continue their collection activities against you.
Stopping eviction with bankruptcy
The automatic stay orders issued in the event of a bankruptcy. It can also be useful in protecting your interests in the face of an eviction proceeding. However, there are two exceptions in which the landlord can still evict his/her tenant.
- One is if the bankruptcy is filed after the landlord has obtained a judgment for possession. The automatic stay will fail to stop him/her from going ahead with the eviction proceedings. Even if you have filed a bankruptcy, you will still have to vacate the property as per the instructions stipulated in the judgment.
- Another is if your landlord is trying to evict you for using illegal or controlled substances on the property or damaging/endangering it. You will eventually have to vacate the property.
If you are being evicted for your failure to pay the rent you might still have a chance of reinstating your automatic stay. In certain states, the tenant is allowed to cure his/her defaulted rent even after the judgment for possession has been passed. This implies that you will be able to temporarily delay the eviction proceedings. Then bring your rent current and remain in the property for as long as you keep up with the payments.
Always consult a Dayton OH bankruptcy lawyer when seeking debt relief help. Fighting landlords can be stressful. It is important you use the help of a trained professional.