Receiving notice of a pending eviction action can be a scary thing to experience, and figuring out what steps you can take to protect yourself from this pending eviction will be one of the first things that anyone considers when they hear this news. Fortunately, bankruptcy can absolutely be a resource to help! If you are facing a pending eviction action for back rent, bankruptcy can be an excellent opportunity to help you resolve the rent balance and remain in your home!
The first benefit that bankruptcy can offer in this situation is something known as “the automatic stay.” This means that when your bankruptcy is filed, certain types of civil court proceedings that are being brought against you would need to be paused, including most collections actions and many types of eviction actions! The automatic stay can be a massive benefit if you are facing an eviction action because it can give you a reprieve from all the stress that comes from dealing with a pending eviction and also because it can give you time to address any back balance owed for rent through the process of the bankruptcy.
When meeting with your attorney to discuss a bankruptcy filing, they can advise you on how your bankruptcy can be structured to resolve any back balance owed for rent through the bankruptcy. One way this can be done is through filing a Chapter 13 bankruptcy, which allows back rent to be repaid progressively over the course of a plan, with payments being made to your landlord over time using money that is paid into the bankruptcy.
Outside of bankruptcy, many landlords will tell you that you need to pay the full amount of any back rent that is owed to them in a single payment to avoid eviction. By filing a Chapter 13, however, you can avoid this by breaking the amount owed for back rent into smaller, more manageable pieces that can be paid progressively over a longer period. When you meet with your attorney, they will work with you to build a Ch. 13 plan that works around your budget and helps you remain in your home. Our staff has extensive experience building these plans, and we are here to help you create one that works for you.
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If you are struggling with back rent and wondering how to resolve it, or if you are facing the prospect of an eviction action because of a back balance for rent, please consider reaching out to us! You have a right to protect your home through bankruptcy, and we are here to help you do that! When the time is right, or when you are ready, please don’t hesitate to reach out to Minnesota’s most kind and helpful bankruptcy law firm by going now to www.lifebacklaw.com.
