Bankruptcy Can Protect You from Eviction

Bankruptcy occurs during very difficult financial times. In some cases, your rent may be late, and the landlord is threatening eviction. Fortunately, a Bankruptcy filing under Chapter 7 or Chapter 13 can buy some time to work things out.

Filing a consumer Bankruptcy case is not enough to violate your lease. In fact, unless you are behind on your rent, the landlord will probably be unaware of the Bankruptcy case. However, if you are behind on the rent, the issue becomes more complicated.

The "automatic stay", or Bankruptcy protection, specifically prohibits your landlord from taking any legal action against you during the Bankruptcy case, including an eviction. This protection will continue unless the landlord seeks permission from the Bankruptcy Court to evict you, which requires a certain Notice and Order from the Court. This protection only applies to payment deficiencies prior to filing the case. If you fail to pay your rent after the Bankruptcy is filed, the automatic stay does not apply and you can be evicted without Court Order.

If your landlord has already obtained a judgment for possession and an Order of Eviction prior to the filing of the Bankruptcy, things become far more serious. To avoid eviction at this point, you must deposit one rent payment with the Bankruptcy Court, which stays the eviction for thirty (30) days. If you wish to remain beyond the 30-day period, the entire judgment amount must be paid before the 30 day-period expires. Otherwise, you will be subject to eviction and have no available relief.

In limited situations, Bankruptcy can stop an eviction and provide a small window to catch up on the back rents. The laws governing evictions and Bankruptcy are complex, so you need an experienced Houston Bankruptcy lawyer that can help you navigate through this process. Please call the Houston Bankruptcy Attorney Nicholas R. Westbrook at (713) 893-6204 and learn how the law can help you avoid eviction and erase your other debts. The road to financial freedom starts here.