Hi this is Michael Sandler talking about different topics in bankruptcy I’ve had a number of clients come to me this year and they’re about to be evicted from their apartments and they want to know “Will Filing Bankruptcy Stop My Eviction“?
If your landlord has already taken you to court and they’ve gotten possession of the property and an eviction date has been set. Filing bankruptcy is not going to stop that. However if an unlawful detainer and that’s what it’s called when they file it in court. If an unlawful detainer has been filed but you have not yet had a hearing on it, filing a bankruptcy either a chapter 7 or chapter 13 will stop that.
This will give you additional time in your apartment. The danger though comes when you think that you have filed bankruptcy and so okay I’m just gonna get to stay here for free for the next three months. That’s not necessarily correct. When you file bankruptcy and I’m talking about typical chapter 7 case now because this is when it comes up 90% of the time.
When you file bankruptcy anything you owe as though that date of filing is going to be discharged except for the different areas we’ve talked about before student loans, taxes, support that type of thing. For something like rent anything you owe as of the date of filing is going to be discharged, but if you accrue rent after the date of filing. Technically the landlord can come after you for it.
Let’s say that you file bankruptcy on December 1st and you’re already three thousand dollars behind in your rent. The $3,000 behind that’s going to be discharged and you don’t have to worry about that but if you refuse to move out of the apartment for an additional two months the landlord technically after your bankruptcy case is closed can sue you for those two additional months of rent. Including a lot of fees they like to put on top of it and come after you for that.
When I advise people is okay we’re going to file a bankruptcy to stop this eviction because you don’t have anywhere to go and they’re gonna put your things out on the street. You will need to find something else as quickly as possible and that way chances are that the landlord won’t be that angry and chances are the landlord won’t take you to court to get those additional fees.
So when I tell people is okay we’re gonna file your bankruptcy and we’re going to stop the eviction try really hard to find a new place in the next three or four weeks, because that will keep the landlord from coming after you for that additional three or four weeks.
Depending on where you are in the process you may have different questions. Feel free to give me a call or shoot me an email and we can talk about your particular situation.
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