Yes, you can file bankruptcy against past-due rent. Yes, once you file bankruptcy in the automatic stay comes into place this. Any orders of Wayne garnishment. It's also good to know that a bankruptcy can also stop and eviction proceeding from moving forward. Although is important to realize that the landlord can file what is called a motion for relief from automatic stay, which will allow them to proceed with evicting you. But they will not be able to claim the past-due rent and the filing of bankruptcy in the automatic stay will allow you a little more time, to get your situation in order and find a new place to live.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO LAW GROUP
Attorneys At Law
http://fallriverbankruptcyattorney.com/
901 Eastern Ave.
Unit 2
Fall River, MA 02723
Office: 888-269-0688
FAX: 877-475-8147
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Answered on Sep 09th, 2014 at 12:56 PM