Q: i HAVE AN EVICTION CASE HEAD TO TRIAL. IF I FILE BANKRUPTCY WILL THE CASE CONTINUE TO TRIAL AFTER THE STAY IS LIFTED
A: Yes, the trial is stopped if you file a legitimate BK under any of the Chapters, 7, 11, 13 or 5. however, if you wish to do it just for the purpose of frustrating the creditor be very careful. The case wil restart after your case is dismissed. Consult with a BK attorney right away.
A: You could by some time but not much. Bankruptcy is a serious thing to do and you should really have many other reasons to file. Sit down with an experienced bankruptcy attorney right away to find out all the good and bad you get from filed a BK.
A: if the eviction case is against you, a bankruptcy filing will stay (i.e. delay), not stop, the eviction. The landlord can either obtain relief from stay to proceed with the eviction or can wait until the bankruptcy is completed to proceed. You will need to talk to an attorney to make sure you do not commit bankruptcy fraud.
A: I agree with the comments from my colleagues. You need to consult with a bankruptcy attorney regarding the ramifications of filing bankruptcy particularly if you are doing it just to stop an eviction.
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