How Bankruptcy can Help with Evictions

by DeLadurantey Law Office, LLC on November 25, 2014

eviction stampIf you are past due on your rent and facing an eviction, you may want to consider filing for bankruptcy protection. If your landlord has not obtained a judgment for possession of the premises, your bankruptcy filing may prevent the eviction process from proceeding forward. What does this mean to you? As soon as you receive the initial notice for eviction, you should contact us to determine whether you should file a Chapter 7 or Chapter 13 case.

If you decide to file a personal bankruptcy, the automatic stay goes into effect as soon as your petition is filed. The stay prohibits any further collection efforts against you, including legal actions such as evictions, foreclosures, and repossessions. When it comes to halting evictions, most individuals are able to halt the process with their bankruptcy filing. However, there are certain exceptions. For example, if your landlord has obtained a judgment for possession, the eviction process can proceed regardless of your bankruptcy. Also, if you are found to have used illegal substances or you have otherwise caused endangerment to the property, the bankruptcy court may allow the eviction to continue. The burden is on the landlord to prove the activity that allegedly constitutes an exception occurred within the last 30 days.

Filing a bankruptcy may also help prevent your utilities from being disconnected as well. For more information on this topic, please read our blog titled “Filing Bankruptcy? Say Goodbye to Collection Actions.” You should also remember that your landlord can file a motion for relief from the automatic stay and request permission to proceed with the eviction. If the court grants your landlord’s motion and the stay is lifted, the eviction will continue. Thus, it is imperative that you have competent legal counsel assisting you in these types of cases.

If you are facing an eviction, foreclosure, repossession or utility disconnection, let us help. We will review your unique situation and help you understand all of your debt relief options. Call us today!

If you are considering filing for bankruptcy protection, let us help. We understand how important your bankruptcy case is to you, and we will handle it with the discretion and dedication that have become our calling cards. Contact the Milwaukee bankruptcy attorneys of the DeLadurantey Law Office, LLC today by calling 414-377-0518. Like us on Facebook.

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