Facing eviction during bankruptcy can be a daunting prospect. In California, bankruptcy provides some protection to individuals facing financial difficulties, but it does not automatically halt all eviction processes. Whether you can get evicted during bankruptcy depends largely on the type of bankruptcy you file and your specific circumstances.
While bankruptcy can offer relief and sometimes delay an eviction, it doesn’t guarantee you will avoid losing your home. The interaction between bankruptcy proceedings and eviction notices can be complex, requiring a closer look at both processes to fully understand your rights and options.
The Automatic Stay & Its Limits
When you file for bankruptcy, the court issues an automatic stay that temporarily prevents most creditors from taking action to collect debts. Including eviction proceedings. The automatic stay gives you a reprieve from eviction. Still, it doesn’t stop all eviction actions, especially in cases where the landlord has already obtained a judgment or if specific conditions apply.
In Chapter 7 bankruptcy, the automatic stay provides temporary relief from eviction but doesn’t resolve the underlying issues that led to the eviction notice. If your landlord has already obtained a judgment before you filed for bankruptcy, the stay may not prevent the eviction from proceeding. Additionally, if the eviction is based on criminal activity or lease violations unrelated to unpaid rent, the automatic stay might not apply.
For Chapter 13 bankruptcy, the automatic stay can offer more substantial protection because it allows you to propose a repayment plan to address arrears, including overdue rent. This plan can sometimes help you negotiate with your landlord and prevent eviction. However, if you fail to adhere to the repayment plan, the landlord may still proceed with eviction, although they must comply with bankruptcy court procedures.
Seek Legal Assistance
Navigating the intersection of bankruptcy and eviction can be challenging, and seeking legal advice is crucial. A bankruptcy attorney such as ours at Arnold Law Group, APC can help you understand your rights, provide guidance on how to address arrears, and assist in negotiating with your landlord. Additionally, an attorney can help ensure that you comply with bankruptcy court procedures and avoid potential pitfalls that could jeopardize your ability to stay in your home.
If you’re facing eviction during bankruptcy, working with legal professionals like us can provide valuable support. Contact us today to learn more.