Can Bankruptcy Stop My Eviction?

As the national emergency status draws to an end this weekend, many people are facing the effects of financial hardship. Many Americans are currently dealing with past due rent payments that they worry could result in their eviction. Is it possible to file for bankruptcy and remain in your home even if you are facing eviction?

According to the article, Eviction and Bankruptcy; the ugly truth by Carol M. Kaplan, it is possible to protect yourself from the negative effects of bankruptcy on your rent payment. If you are considering filing for bankruptcy and believe that you may be facing eviction, it is important to consult with a Fort Worth bankruptcy attorney to help you determine if you qualify for Chapter 7 or Chapter 13 bankruptcy.

If you are facing eviction because of unpaid rent, it is important to consider Chapter 13 bankruptcy. Chapter 13 bankruptcy can stop an eviction proceeding, but it must be filed before the eviction process has started. Chapter 7 bankruptcy is not an option for you if you have a pending eviction proceeding. The first thing to understand is that Chapter 7 bankruptcy does not offer you protection from eviction. In fact, Chapter 7 bankruptcy is often referred to as a straight bankruptcy. This is because it does not allow for the restructuring of debts. This includes the rent payment you may owe your landlord. Chapter 7 bankruptcy also offers no protection from an eviction proceeding.

In fact, Chapter 7 bankruptcy does not cancel a lease. This means that even if you do file for bankruptcy, you will still be liable for the payment of rent until the lease expires. If you are facing eviction because of unpaid rent, you should consider filing for Chapter 13 bankruptcy. Chapter 13 bankruptcy allows for the restructuring of debts and the payment of rent through a repayment plan. The repayment period is usually three to five years and requires your landlord to be included in the repayment plan.

The most important thing to understand is that you should consult with a bankruptcy attorney if you are considering filing for bankruptcy. A bankruptcy analyst or attorney can help you determine if you qualify for Chapter 7 or Chapter 13 bankruptcy. A Chapter 13 bankruptcy attorney can also help you determine how to include your landlord in your repayment plan.