You received the dreaded letter, stating “Notice of Intent to Evict”. Instead of panic, you have come to the right place to find an overview of how bankruptcy may be able to help.
First, if you intend to file bankruptcy to help with your eviction situation, it is important to act fast. Bankruptcy options are limited and will not help the eviction, if it has already been ordered. If the eviction has not been ordered yet, the bankruptcy should stop the eviction proceedings because of the automatic stay.
Second, options you have with bankruptcy depend on what you are trying to accomplish with your back rent and lease. For example, if you intend to move, you may consider filing a chapter 7 bankruptcy. During the chapter 7 bankruptcy, your landlord cannot file an eviction action, unless they are granted a motion for relief from the bankruptcy automatic stay. Most landlords do not do this, because of the quick turnaround to you receiving your discharge in a chapter 7 (90 days). Therefore, typically, you will have about 90 days to find somewhere else to live, before your landlord will start a formal eviction, after the discharge is ordered. Another option is if you want to catch up your missed rent payments in bankruptcy. This is done by building your behind rent payments into your chapter 13 bankruptcy plan. This will catch up your missed payments overtime and you will continue making normal rent payments after filing.
Leases in bankruptcy can be very complex, while this blog is a good overview of a few options it is best to speak with a bankruptcy attorney for your specific situation.
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If you have any questions about filing bankruptcy or your behind rental payments, visit www.lifebacklaw.com to speak with an attorney. You will be glad you did!
