If I petition for bankruptcy will that put a temporary hold on my eviction?
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If I petition for bankruptcy will that put a temporary hold on my eviction?
I rent my home. Tomorrow I am turning in my petition for bankruptcy. The next day afternoon I am due in court regarding my being evicted from the home (I am 1 month behind on rent). If the court rules in favor of the landlord, and I am to be evicted, will the bankruptcy effect that in any way? I have been told that while it will not stop the eviction but it will delay it. Is this true?
Asked on April 17, 2012 under Bankruptcy Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You have been told correctly. Bankruptcy temporarily stays, or halts, all collection actions and all legal actions based on unpaid debts, while the bankruptcy process works through. However, bankrutpcy does not give you the right to live in another's home or property without paying rent--therefore at some point (the exact timing will vary, based on whether the landlord actively seeks to have the stay lifted vis-a-vis the eviction, or just passively waits for the process to conclude), the stay will be lifted or removed and the landlord will be able to go forward with the eviction.
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