Q: Can a chapter 13 stop a landlord from evicting after receiving a judgment?

A: Yes with conditions and limitations. If you as the tenant are behind on the rent and you wish to assume the lease you must stay current on post-petition rent and cure the arrears in a timely manner. If your landlord already has a judgment for possession in an eviction you must file Official Form 101A (Initial Statement About an Eviction Judgment Against You).

You certify under penalty of perjury that 1. Under the state or other nonbankruptcy law that applies to the judgment for possession (eviction judgment), you have the right to stay in your residence by paying your landlord the entire delinquent amount and 2. You have given the bankruptcy court clerk a deposit for the rent that would be due during the 30 days after you file the Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101).

Stay of Eviction: First 30 days after bankruptcy. If you checked the boxes for both statements 1 and 2 above and signed the form to certify that both apply, and served your landlord with a copy of the statement, the automatic stay under 11 U.S.C. § 362(a)(3) will apply to the continuation of the eviction against you for 30 days after you file your Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101).

Stay after the initial 30 days. If you wish to stay in your residence after that 30-day period and continue to receive the protection of the automatic stay under 11 U.S.C. § 362(a)(3), you must pay the entire delinquent amount to your landlord as stated in the eviction judgment before the 30-day period ends. You must also fill out Statement About Payment of an Eviction Judgment Against You (Official Form 101B), file it with the bankruptcy court and serve your landlord a copy of it before the 30-day period ends. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.