Facing eviction can be a stressful and overwhelming experience. However, you have rights and options that can help protect you from being removed from your home. One such option is filing for bankruptcy. At Simon Fitzgerald LLC, we’re here to guide you through this challenging time and help you understand how bankruptcy can be used to stop eviction.
Understanding Eviction and Bankruptcy
When you file for bankruptcy, an “automatic stay” is immediately implemented. This stay prevents most creditors, including your landlord, from continuing with collection activities. If you’re behind on your rent, filing for bankruptcy will temporarily prevent or delay your landlord from evicting you.
However, the timing of your bankruptcy filing is crucial. If your landlord has already obtained a judgment for possession before you file for bankruptcy, the automatic stay might not stop the eviction. Therefore, acting quickly and consulting with an experienced bankruptcy attorney as soon as you receive an eviction notice is essential. If you like more information that explains Louisiana’s eviction laws click here.
Meet Stephanie and Michael: A Case Illustration of How Chapter 13 Bankruptcy Stopped an Eviction
Meet Stephanie and Michael, a hardworking couple from Bossier City on the brink of eviction. With mounting rent arrears due to unexpected job loss and financial hardships, they faced the terrifying prospect of losing their home.
Feeling trapped and desperate, Stephanie and Michael contacted Simon Fitzgerald LLC. Our experienced attorneys quickly assessed their situation and provided a lifeline through Chapter 13 bankruptcy. We could halt the eviction process by filing before the landlord obtained a judgment of eviction and propose a repayment plan that included their past-due rent.
This strategic move allowed Stephanie and Michael to remain home, giving them a reasonable timeframe to catch up on their rent. The constant fear of eviction no longer burdened them; they could focus on rebuilding their lives.
Stephanie and Michael’s story is a powerful illustration of how Chapter 13 bankruptcy can be a vital tool in stopping eviction. If you find yourself facing eviction, don’t lose hope. Contact us today for a free consultation, and let us help you understand your rights and options. Like Stephanie and Michael, you, too, can regain control of your financial situation and avoid eviction.
Chapter 13 Bankruptcy and Eviction
Chapter 13 bankruptcy can be a powerful tool when facing eviction. If you file a Chapter 13 bankruptcy before your landlord gets a judgment of eviction against you, you may propose a Chapter 13 plan that cures the past due rent on the lease in a reasonable time. This plan allows you to remain in the residence and possibly catch up on your rent.
What If I Don’t Intend to Stay?
Even if you plan to move out, filing for bankruptcy can provide relief. Filing a Chapter 7 or Chapter 13 bankruptcy before the landlord gets a judgment of eviction means the landlord can only proceed with the eviction by asking the Bankruptcy Court to lift the stay protection. This process may give you additional days or even months to relocate without feeling forced to act quickly. Also, bankruptcy will most likely allow you to eliminate any amounts you owe under the lease.
FREQUENTLY ASKED QUESTIONS
Stopping eviction in Chapter 13 can be a complex process, and it’s normal to question how bankruptcy can prevent losing your home. We’ve compiled some of the most frequently asked questions about stopping eviction in Chapter 13 to help you better understand what to expect.
Can Filing for Bankruptcy Stop an Eviction?
Answer: Yes, filing for bankruptcy can temporarily halt an eviction process due to the “automatic stay” that comes into effect. This stay prevents most creditors, including landlords, from continuing collection activities. However, the timing of the bankruptcy filing is crucial, and it may not stop the eviction if the landlord has already obtained a judgment for possession.
How Does Chapter 13 Bankruptcy Help in Stopping Eviction?
Answer: Chapter 13 bankruptcy allows you to propose a repayment plan that includes curing the past due rent over a reasonable time. If you file Chapter 13 before your landlord gets a judgment of eviction, you may be able to stop the eviction and catch up on your rent, allowing you to remain in the residence.
What Happens If I File for Bankruptcy After an Eviction Judgment?
Answer: If the landlord obtains a court-ordered judgment for possession before you file for bankruptcy, the automatic stay may not prevent the eviction. In this scenario, the landlord can proceed with the eviction despite the bankruptcy filing. It’s essential to consult with an experienced bankruptcy attorney as soon as you receive an eviction notice to understand your rights and options.
Why Choose Simon Fitzgerald LLC to Prevent Eviction?
Facing eviction is challenging, but you don’t have to go through it alone. At Simon Fitzgerald LLC, we’re committed to providing you with the guidance and representation you need during this difficult time.
Are you feeling overwhelmed by your financial situation? Our easy-to-understand e-book can help you understand more about bankruptcy. Our bankruptcy experts are always here to help if you have any specific questions. You can check your eligibility for bankruptcy right here and, when you’re ready, you can schedule your free consultation.