Bankruptcy and Evictions

If you are facing an eviction bankruptcy may stop the landlord from enforcing the eviction order during duration of the bankruptcy. If the landlord does not file a motion for relief from the automatic stay of the bankruptcy the landlord can only continue to evict you if one of the following applies:

  1. There is already judgment for possession before you filed for bankruptcy.
  2. You are being evicted for endangering the property or for using illegal drugs on the property.

If these none of the above factors are present the landlord cannot evict you if you file for bankruptcy unless the landlord files a motion for relief from the automatic stay of the bankruptcy. In cases where the landlord obtained a judgment for eviction before you filed for bankruptcy the landlord can proceed with the eviction unless it is based on failure to pay the rent. In this case you can request the court to reinstate the automatic stay in your favor. If you really want to stay in the rental you need to consult a bankruptcy attorney in your area. The eviction laws are complicated and an attorney will be able to help you interpret the law correctly and help you stay in the rental.