Q: If I am behind on rent and file for bankruptcy can I still be evicted?
When a bankruptcy case is filed and a landlord has not yet received a judgment for possession, the automatic stay typically stops the proceedings as it does all other collection actions. However, the landlord may ask the bankruptcy court to lift the automatic stay to allow the eviction to proceed. In most cases, filing for bankruptcy will buy a tenant who has not yet been evicted a little time to attempt to catch up, work things out with the landlord or set up a Chapter 13 repayment plan, but will not prevent eviction in the long term.
*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is an Illinois licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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