QUESTION
Can you get evicted from your house that you are renting while you are in the process of bankruptcy?
Asked on Aug 08th, 2013 on Bankruptcy - Idaho
13 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Only if you do not pay the rent.
Answered on Aug 16th, 2013 at 1:52 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Only if you have been served and the Court has heard a Motion to Vacate Stay and the Court granted same, and then the State Court evicted you.
Answered on Aug 16th, 2013 at 1:52 AM
Sanford M. Martin
Depending on the terms of the lease, you can be evicted from a house if you are not complying with its terms. The objective of bankruptcy is to discharge debts, but it doesn't change the terms of the lease for eviction. If you are behind in your payments, yes you can be evicted. Suggest you read the lease.
Answered on Aug 16th, 2013 at 1:52 AM
Stephen M. Goldfarb
It depends on whether the landlord received permission from the Bankruptcy Court .
Answered on Aug 16th, 2013 at 1:51 AM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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It is not uncommon for tenants to file bankruptcy simply to get some additional time for free in a rental property. Until the case is over, the landlord cannot evict the tenant, unless the landlord obtains an order for relief from the automatic stay in bankruptcy. Many tenants do not understand that the rent obligation which becomes do after filing bankruptcy is not discharged in the bankruptcy, because it did not preexist the bankruptcy.
Answered on Aug 16th, 2013 at 1:51 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It can happen, in particular if you do not (a) pay all the post-petition rent and (b) work something out with the landlord within the first 60 days after you file the bankruptcy.
Answered on Aug 16th, 2013 at 1:51 AM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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Yes, but your landlord has to be careful about how it goes about doing so.
Answered on Aug 16th, 2013 at 1:51 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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No. The landlord will have to file a motion for relief from the automatic stay in the bankruptcy court before being allowed to file an eviction in state court.
Answered on Aug 16th, 2013 at 1:51 AM
2 Awards
You can always be evicted for nonpayment of rent. If you're current on rent then the landlord cannot evict you.
Answered on Aug 16th, 2013 at 1:51 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Unless your landlord is listed as a creditor on your bankruptcy, you can be evicted. If your landlord is listed as a creditor, there is a stay of any eviction proceedings and your landlord must go into bankruptcy court to have the stay lifted.
Answered on Aug 16th, 2013 at 1:51 AM
Certainly, if you have not met the terms of your lease & your landlord obtains an order lifting the bankruptcy protection.
Answered on Aug 16th, 2013 at 1:51 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The landlord would have to get the stay lifted. However, if you are not making adequate protection payments, i.e. rent, since the bankruptcy started, it is very likely that the landlord can get the stay lifted and proceed with bankruptcy.
Answered on Aug 16th, 2013 at 1:51 AM
You cannot be evicted from a house that you are renting while in a Bankruptcy, unless the landlord gets a relief of stay from the Bankruptcy court. A relief of stay would allow the landlord to move forward with an eviction even though you are in Bankruptcy. The relief gives that landlord permission to remove you if you are behind in rent or you were already in the process of being evicted.
Answered on Aug 16th, 2013 at 1:51 AM