QUESTION
Can you file a bankruptcy in order to stop an eviction?
Asked on Apr 06th, 2012 on Bankruptcy - Michigan
6 ANSWERS
In Michigan, the filing of a bankruptcy case only temporarily "stays" eviction proceedings.
Answered on Apr 11th, 2012 at 4:40 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Filing a bankruptcy creates an automatic stay.? Stopping an eviction, in and of itself, is not a good reason to file bankruptcy, since the process of eviction will proceed quickly after the automatic stay is ended.
Answered on Apr 09th, 2012 at 4:15 PM
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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Whether you can stop an eviction by filing bankruptcy depends on whether the landlord has won possession of the property. If there is no judgment for possession, the automatic stay can prevent the eviction from proceeding. However, the landlord may, in turn, file a motion to lift the automatic stay in bankruptcy court seeking permission to leave bankruptcy and continue with eviction proceedings. If that motion is granted, then the landlord may pursue a judgment for possession.
Answered on Apr 09th, 2012 at 12:52 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes, but it will not for very long.
Answered on Apr 09th, 2012 at 12:33 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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Yes, but if there is already a judgment of eviction, then there is a change in the bankruptcy law that would not protect you. Otherwise, the bankruptcy will delay the eviction.
Answered on Apr 09th, 2012 at 12:11 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It depends on where you are in the process. Detailed knowledge of the full situation is required before you can be given firm advise.
Answered on Apr 09th, 2012 at 12:05 PM