The holidays are usually an expensive time for everyone. You may have understandably incurred extra expenses at this time, so much so that you begin falling behind on your rent payments. With this, the fear may creep in that your landlord will evict you from the rental home you have become accustomed to and grown to love. This is definitely not the ideal way to ring in the new year. So, if you find yourself in this difficult situation, please read on to discover whether a bankruptcy filing can stop eviction activities and how a seasoned Rockland County Chapter 13 bankruptcy attorney at The Law Offices of Allen A. Kolber, Esq., P.C. can help you and your family remain in your home.
Can filing for bankruptcy stop eviction?
With a bankruptcy filing comes the concept of an automatic stay. Now, an automatic stay is an injunction imposed, immediately after bankruptcy, against certain creditors who want to start or continue collection activities against a debtor and their property. Even still, the ability of your impending eviction to be halted may depend on which type of bankruptcy you petition for.
On the one hand, a Chapter 7 bankruptcy filing may only temporarily stop an eviction from happening. This is because your landlord may still have the option to file a motion to lift the automatic stay. And if successful, they may resume their eviction proceedings if you are still behind on your monthly rent.
On the other hand, a Chapter 13 bankruptcy filing may prevent an eviction altogether if you are in default. With this bankruptcy type, you may propose a three- to five-year repayment plan in which you may pay your rent arrears, along with the rest of your relevant outstanding debts. All throughout, you should stay current with your monthly rental payments.
Are there any exceptions where bankruptcy does not halt an eviction?
Importantly, there are only a couple of circumstances in which a Chapter 13 bankruptcy filing would not halt your landlord’s eviction activities. One circumstance is if your landlord obtained a judgment of possession before you got around to filing your bankruptcy petition. The next circumstance is if your landlord has proven that you endangered the rental property or engaged in the illegal use of controlled substances on the property. This is not to mention that there is always the possibility of your landlord filing a motion to lift the automatic stay.
You may rest easier knowing that there are arguments you may make to the New York State bankruptcy court to get around these conflicting circumstances. In conclusion, if you think now is the time to get started on your bankruptcy filing, then please reach out to a competent Rockland County bankruptcy attorney. Our team at The Law Offices of Allen A. Kolber, Esq., P.C. is well-equipped to take on your case.
