Will Bankruptcy Stop An Eviction?
A bankruptcy filing will stop or prevent an eviction. Upon filing, there is a “Stay” automatically/immediately imposed on all efforts to collect a debt or enforce a judgment. Since an eviction is an action to enforce a judgment of possession, an eviction can be stayed immediately. Depending on the type of bankruptcy you file, you may be able to cure (payback) the unpaid rents over a period of time to completely stop an eviction. Sometimes landlords and tenants utilize this automatic stay to settle their differences and reach an agreement for the tenant to voluntarily remain in the home. Bankruptcy laws are there to give you a fresh start. That fresh start requires that you be given time to reassess what direction your headed. The automatic stay allows you to do just that.