Can you prevent an eviction with a bankruptcy?

This is a common phone call we get here at the office.  Most of the time it is someone who is behind on their rent and facing a potential eviction.  If this sounds like your situation you need to know that you may have options that will keep you in your home. The most obvious one is to catch up the past-due rent before the landlord secures an eviction order. If your circumstance will not allow this, it may be possible to prevent the eviction by filing for protection under the Bankruptcy Code.   If the landlord has not yet obtained a judgment to evict from the court, filing a bankruptcy may imposes a stay against collection activity, and this stay applies to the attempt to evict you as well. Any action to collect the debt or remove you and your family from the property can be stopped at least for a time while the bankruptcy case is pending. This can allow you time to catch up on the past due rent, and prevent the eviction.  Timing is obviously critical in these situations and you need to understand that every situation is different.  If you are behind in your rent, and fear you will be evicted, call  our experienced attorney to see what can be done to help you in your situation.

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