If you are facing an eviction, the extent to which bankruptcy can help depends on the status of the eviction. If the landlord is in the early stages of the eviction process and has not obtained an eviction judgment, bankruptcy will stop the eviction, but probably not for long because the landlord can ask the bankruptcy court for permission to continue the eviction process. The bankruptcy court usually grants such requests unless you have a good reason why the eviction should not continue. Even if bankruptcy won’t stop the eviction permanently, it can buy you some time to negotiate with the landlord and also get rid of your other debts so that you have more money to pay your rent.
If the landlord has already obtained a judgment for possession prior to the bankruptcy filing, the landlord can continue with the eviction. The landlord has to file a certificate with the court setting the facts that justify that the eviction should not be stayed.
Please note that this article does not constitute a legal advice. We simplified the law in order to outline the interplay between bankruptcy and eviction. If you are facing an eviction and considering filing for bankruptcy, call the Phoenix bankruptcy attorney at 480-425-2009 TODAY or contact us via our website to schedule a free confidential bankruptcy consultation. We will make sure your assets are protected and you get the maximum relief from your debts through bankruptcy.