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Automatic stays stop evictions. However, if the landlord receives an eviction judgment from the court before you file bankruptcy, they can proceed with the eviction regardless of the automatic ...
Renters facing eviction should consider filing for bankruptcy in order to buy more time to make a financial decision, says consumer finance and tax attorney, George Tadross.
First, any eviction proceedings in which the landlord obtained a judgment of possession prior to the filing of the bankruptcy petition may be continued. Second, eviction proceedings filed after bankruptcy proceedings are exempt if the proceeding involves evicting the tenant on the basis of using illegal substances or "endangerment" of the property.
The stay does not stop an eviction proceeding if the landlord has already obtained a judgment of possession prior to the bankruptcy case being filed, § 362(b)(22). The stay also would not apply in a situation where the eviction is based on "endangerment" of the rented property or "illegal use of controlled substances" on the property, § 362(b ...
Before You File for Bankruptcy, Consider These 3 Alternatives. Steve Strauss, The Motley Fool. October 19, 2024 at 7:30 AM. A couple looks at paperwork worriedly inside. Image source: Getty Images.
Chapter 7 of Title 11 U.S. Code is the bankruptcy code that governs the process of liquidation under the bankruptcy laws of the U.S. In contrast to bankruptcy under Chapter 11 and Chapter 13, which govern the process of reorganization of a debtor, Chapter 7 bankruptcy is the most common form of bankruptcy in the U.S. [1]
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