Bankruptcy for Tenants: Can a Landlord Continue the Eviction Case if I File for Bankruptcy?

Question:

The landlord has already given an eviction notice and filed an eviction case. Some people have said that filing for bankruptcy will stop the eviction. Is that true?

Answer:

To a certain extent.

• Eviction cases are in state court. Bankruptcy cases are in federal court. When a tenant files for bankruptcy, then the bankruptcy judge will put an "automatic stay" on state court matters so that the federal court case can finish first. This "automatic stay" is like a shield: it stops the landlord from continuing the eviction process.
• Sometimes, the eviction court judge doesn't know about the bankruptcy, so the tenant will need to inform the judge. The eviction case should be paused.
• However, landlords can ask the bankruptcy judge to lift the stay. The landlord has to go through extra steps, but this gives landlords a safety net to protect their rights as well.

So, bankruptcy does not guarantee that eviction will be completely out of the picture.

Remember, bankruptcy laws are complicated. They may vary based on location, so seeking legal help is important to make informed decisions and protect one's rights effectively. For resources, click here.