QUESTION
Can I be evicted if I am filing for bankruptcy and can't affor this month's rent?
Asked on Aug 13th, 2011 on Bankruptcy - Utah
More details to this question:
I am filing a chapter 13 and can't afford to pay my rent this month, can my landlord throw me out?
9 ANSWERS
judith runyon
Yes.
Answered on Jun 09th, 2013 at 8:58 PM
Samuel Lee Tucker
Yes.
Answered on Jun 09th, 2013 at 8:54 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If you don't pay your rent you will be evicted. Filing a bankruptcy may delay the eviction for a short time.
Answered on Aug 19th, 2011 at 6:28 AM
In most districts, Chapter 13 does not address residential leases and you can be evicted without violation of the automatic stay.
Answered on Aug 19th, 2011 at 5:24 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Not right away because there has to be lift of the automatic stay (the order that initially protects you from creditors) granted the landlord by the court. You can cure a delinquency in rent payments in a Chapter 13 case if there is time remaining on a lease. However, if you are a month to month lessee the landlord could still get a lift of stay and evict you despite a cure.
Answered on Aug 18th, 2011 at 6:46 PM
Glen Edward Ashman
It sounds like you made the usually catastrophic mistake of filing without counsel, as the answer to staying or leaving was determined by what you were supposed to file or will file. So at this point, hire counsel today. It is very unlikely that you will navigate this issue, or others in your case, pro se.
Answered on Aug 18th, 2011 at 6:07 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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Yes, you can be evicted eventually because you cannot live there rent-free. The amount owed before you file for bankruptcy can be discharged but the amount after filing for bankruptcy must be paid or the landlord will ask the bankruptcy court for permission to evict you (this is called a "motion for relief of stay").
Answered on Aug 18th, 2011 at 5:58 PM
A landlord has all of the remedies to evict if you fail to pay the rent. However, in the bankruptcy, you can reject the lease, which eliminates any liability for future rents.
Answered on Aug 18th, 2011 at 5:02 PM