Every marriage is not meant to last forever. No matter what the reasoning behind the divorce, it is important to have legal representation for each side. I almost lost everything because my former spouse said that he was taking care of things and that he would be fair about how the assets were divided. It took several weeks for me to find out what he was up to. It was then that I hired my own attorney and got what I deserved. You should never attempt to go through a divorce without a lawyer working on your side. On my site, I have listed several of the issues that can get overlooked if you are inexperienced with divorce documents and proceedings.
If you are undergoing an eviction, you may believe that you can file for bankruptcy to be able to avoid being evicted from your home. While this can be an effective strategy in some circumstances, there are other cases where it will not work at all. If you're not sure if this is the right option, speak with a bankruptcy lawyer.
The Effects of a Bankruptcy on Foreclosure and Eviction
When you file for bankruptcy, there will be an automatic stay that prevents all creditors from collecting on debts. This can be useful before the landlord receives a judgment in their favor. However, what happens next depends on the type of bankruptcy you file.
The two main types of bankruptcy for a consumer are Chapter 7 and Chapter 13. If you owe a rent payment and you choose to file for Chapter 13, the rent payment will be stretched out. As long as you are making your other rent payments and the creditor agrees to the arrangement, you can avoid being evicted from your property.
With Chapter 7 bankruptcy, your goal is instead to discharge your debts so you can get a fresh start. After the automatic stay and after your debts have been discharged, it would usually be assumed that you would move to another residence. However, there are a small number of states that allow you to catch up on your payments, avoid eviction, and discharge your debts.
Chapter 7 and Avoiding Eviction
If your goal is to remain in your home after Chapter 7, you will need to file a certificate to cure your default. You must serve this certificate to your landlord and set aside money to pay for the rent that is due in 30 days. You must pay for all of your back rent within 30 days and you must then file a certificate that you have caught up on your rent. Then, you can avoid eviction.
Situations Where You Cannot Stop an Eviction
If the judgment has already been obtained, you may not be able to stop the eviction. Also, if there is another reason for you to be evicted from the property, such as causing damage to it, you will not be able to use bankruptcy to stop your eviction.
Your landlord may also attempt to fight your automatic stay. If your landlord is granted permission by the courts, your bankruptcy will not stop your eviction. If you believe this is a potential threat, discuss this possibility with a bankruptcy lawyer.