QUESTION
Can the bankruptcy stop me from being evicted?
Asked on Apr 17th, 2015 on Bankruptcy - Michigan
More details to this question:
I have an unlawful detainer and writ of possession against me by the landlord. If I file for bankruptcy can he still evict me?
7 ANSWERS
That would be a yes.
Answered on Aug 31st, 2015 at 8:23 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Bankruptcy can stop an FE&D but only if you're willing to pay the rent due.
Answered on Apr 21st, 2015 at 2:42 AM
No. Sounds like the landlord received the writ of restitution (for possession) already.
Answered on Apr 20th, 2015 at 1:22 PM
Yes, your landlord can evict you, but filing bankruptcy can give you a few weeks reprieve to make arrangements to move somewhere else unless you can talk the landlord into letting you make payments to stay.
Answered on Apr 17th, 2015 at 4:54 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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In many cases you get 60 days from the day you file your petition to work things out with the landlord. Otherwise he can get you out on day 61. But this issue, like a good many others in bankruptcy, has its own complexities. You would benefit from retaining an experienced bankruptcy lawyer. Good Luck.
Answered on Apr 17th, 2015 at 4:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, if you do not pay the rent.
Answered on Apr 17th, 2015 at 12:28 PM
Yes. He can still evict you. There is an exception to the automatic stay of Bankruptcy which deals with evictions when a writ of possession has been issued.
Answered on Apr 17th, 2015 at 12:28 PM