Q: hello, I wanted to know if I file for bankruptcy, will it help forgive past owed rent and help prevent eviction?
A:
I assume you do not have the money to cure the rent default.
Filing bankruptcy may delay the eviction for a few weeks. Maybe a little longer. Although you will wind up evicted anyway, but you should be able to discharge all the back rent owed up until the date you file.
After you have an eviction judgment on your record, other landlords probably will not want you. I suggest you move, right now.
Timothy Denison agrees with this answer
A:
Bankruptcy can provide relief from certain types of debts, including past due rent. However, the specifics depend on the type of bankruptcy you file and your particular situation. Here's some general information:
1. Chapter 7 Bankruptcy: If you qualify for and file Chapter 7 bankruptcy, it can discharge (eliminate) your obligation to pay past due rent. However, it does not automatically prevent eviction. Your landlord can still proceed with the eviction process if you haven't kept up with current rent payments.
2. Chapter 13 Bankruptcy: If you file for Chapter 13 bankruptcy, you can include past due rent in your repayment plan. This allows you to catch up on missed payments over time, which can help prevent eviction as long as you stay current on your rent and bankruptcy plan payments.
3. Automatic Stay: When you file for bankruptcy, an automatic stay goes into effect, which temporarily stops collection actions, including eviction proceedings. However, your landlord can file a motion to lift the stay and proceed with the eviction if they can show cause (e.g., you're endangering the property or using illegal substances on the premises).
It's important to note that bankruptcy can have long-lasting effects on your credit and may not be the best solution for everyone. Before making a decision, consider consulting with a bankruptcy attorney or a housing counselor who can provide guidance based on your specific circumstances.
Timothy Denison agrees with this answer
A: It could eliminate the past due rent, but it will only slow the eviction temporarily, not permanently.
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