Will I Get Evicted if I File for Bankruptcy?
At Skrupa Law Office, LLC in Omaha and Lincoln, our expert bankruptcy attorneys know filing for bankruptcy can be nerve-racking without the added stress of facing possible eviction from your home. It is important to know your rights as a tenant, as well as your options for proceedings in the court of law if you are served with eviction papers during the bankruptcy filing.
A pending eviction depends on whether or not you owe money to your landlord in back rent. If you do not owe any money and your rent is not listed in your bankruptcy paperwork, then you cannot be evicted by your landlord because you filed for bankruptcy. Read on to learn more.
What you Should know about Eviction During a Bankruptcy
If you do file for bankruptcy before your landlord is able to file an unlawful detainer judgment against you, then you already have an automatic stay in place. This means your landlord can no longer proceed with their lawsuit against you to obtain money in your bankruptcy proceedings. However, the landlord can still file a motion of relief from the automatic stay to be able to continue the eviction process. If the court allows the relief, then the eviction can be continued, even if your case is already closed. The only thing your landlord cannot go after in this situation is back rent.
We at Skrupa Law Office, LLC want you to know that if you have not filed for bankruptcy before your landlord files an unlawful detainer judgment against you, then you will not receive an automatic stay. However, you can file a certification with your bankruptcy petition stating that under the state’s law you are allowed to be cleared from the amount owed, and give a month’s rent to the court’s clerk. Afterwards, you will then have an automatic stay for 30 days.
If you pay back all that you owe within those 30 days, you will have automatic stay until your bankruptcy case is closed. If you do not pay the amount owed, your landlord can continue with the eviction process. Your landlord can also object to your certification filing and a hearing will be held 10 days after. If the court rules in favor of the landlord, then there is no automatic stay and the eviction will continue.
Contact Skrupa Law at (402) 571-2900 (Omaha) or (402) 464-3311 (Lincoln) Today!
If you have any concerns about the process of eviction pertaining to your situation or questions concerning bankruptcy in general, our bankruptcy attorney experts at Skrupa Law would be more than willing to answer your questions. Contact our Omaha office today at (402) 571-2900 or our Lincoln location at (402) 464-3311. We will do everything we can to keep you in your home.