Many people struggle to pay all of their bills on time each month; sometimes they even need to let some bills slide and worry about late fees the following month. For most people, paying rent is a top priority, but sometimes it’s simply impossible to make ends meet. You may be considering bankruptcy for debt relief but wonder if that will stop an eviction. It may be possible for you to stay in your home, but we’ll need to act quickly and submit additional paperwork with your bankruptcy package. If you already have an eviction judgement against you, we’ll submit “Form 101A – Initial Statement About an Eviction Judgement Against You.” You’ll also have the opportunity to submit “Form 101B – Statement About Payment of an Eviction Judgement Against You” if you’d like to request to stay in your rental home. The court will evaluate your situation to determine if this is possible.
How Does Eviction Work?
The eviction process will vary by landlord and state of residence, so the time from falling behind on rent, to notification, to receiving a judgement, to move out day could be a few weeks or up to a few months. The first step would be written notice from your landlord to “pay or quit,” meaning you either pay your rent or must move. You must let your landlord know your intentions within a few days. If you’re unable to pay your rent, the court will issue a judgement against you, and you’ll need to move.
If you’re choosing bankruptcy, the moment you submit your filing paperwork, the automatic stay begins, which gives you a break on many types of debt payments. In most cases, however, this does not apply to rent payments, and if you’ve already had an eviction judgement issued against you, bankruptcy will not stop the eviction process.
Completing the Forms
Before the automatic stay begins, we’ll submit the voluntary petition, which is a summary of the most important aspects of your situation, including whether you own or rent your home. Along with the petition and your other forms, we’ll submit Form 101A if you’re behind on rent. You’ll tell the court your landlord’s contact information, if he or she has an eviction judgement against you, and if you want to stay in your home. If allowed in your state, you can also inform the court that you’ve paid the court clerk 30 days of rent so that you can stay in your home. If you do want to stay in your rental, completing Form 101B will be your next step. You must prove to the court that you’re current on your rent, either with the court clerk or your landlord. Your landlord will receive copies of both of these forms.
A New Start
The thought of moving when you’re unprepared can be nerve racking and feel like too much change to deal with. But for some people, the relief of getting out of a rental payment that is too high is worth the change. Regardless of your living situation, it’s best to have a professional assisting you as you make the important decisions related to bankruptcy. If you’re feeling overwhelmed, let me help.