Can My Landlord Evict Me After Filing Bankruptcy?

Can My Landlord Evict Me After Filing Bankruptcy? "Whether or not your landlord can evict you following the filing of a bankruptcy case depends on whether or not you owe rent. If you are current on all of your rental payments, your landlord will not be listed as a creditor on your bankruptcy schedules and will therefore likely never learn that you have filed for bankruptcy. Even if your landlord discovers that you have filed for bankruptcy, he or she may not care if you owe no money to the landlord. Your landlord cannot evict you solely on the basis of your bankruptcy filing.If you owe outstanding rent to your landlord, the situation may be different. Whether or not you receive an automatic stay depends on whether or not your landlord has obtained a judgment for unlawful detainer. If you have filed for bankruptcy prior to obtaining a judgment and the automatic stay is in effect, the landlord cannot continue legal proceedings. However, this relief is only transient. Your landlord may file a motion for relief from the automatic stay asking the bankruptcy court for permission to continue the eviction process. If the landlord's motion is granted, he or she can continue legal proceedings against you despite the fact that you have filed for bankruptcy. If the proprietor does not file a motion for relief from the automatic stay, then the stay will remain in effect until the conclusion of your bankruptcy case. Your landlord may continue legal proceedings for unlawful detainer against you following the conclusion of your bankruptcy case. The only thing the landlord is prohibited from doing is pursuing you for the back rent that was included in your bankruptcy filing. For more information regarding bankruptcy and evictions, please consult local bankruptcy attorneys.What occurs if a judgment for unlawful detainer was obtained against you prior to filing for bankruptcy? Under 11 U.S.C. 362(b)(22), you are not eligible for automatic stay protection. The landlord is permitted to continue the eviction procedure. In accordance with 11 U.S.C. Section 362(l), this process may be avoided if you file a certification with your bankruptcy petition stating that you are entitled to cure the entire default amount under state law, deposit one month's rent with the clerk of court, and serve the certification on the landlord. If this is completed, the automatic suspension will be in effect for 30 days. If you pay back all rental arrears within this 30-day period and submit another certification to the landlord that the arrears have been cured (as permitted by your state's laws), you will be entitled to the automatic stay for the duration of your bankruptcy proceeding. If you are unable to pay all rental arrears, the landlord may proceed with the eviction procedure. If the landlord files an objection to the certification you filed, the court will hold a hearing within 10 days of the filing and service of the landlord's objection. If the court upholds the landlord's objection, there will be no automatic stay of proceedings. The ability to cure rental arrears depends on the laws of your state. You should contact seasoned bankruptcy attorneys for assistance navigating these treacherous waters.
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