Getting Kicked Out: What To Know About Evictions And Chapter 7 Bankruptcy

Law Blog

While the need to file for bankruptcy can be inspired by many negative financial situations, few can be as alarming as losing a roof over your head. Fortunately, a chapter 7 bankruptcy filing could allow you some time to make other arrangements or to even get caught up on your rent. The deciding factor depends on the actions of your landlord, so read on to find out more.

The Bankruptcy Automatic Stay

When you file your bankruptcy in federal court, you are immediately protected by the automatic stay. Just as the name says, the action is automatic with your filing, allowing you to put a stop, or stay, on certain activities by your creditors. Since your landlord is considered a creditor when it comes to bankruptcy, you may be able to stop an eviction, at least for the time being.

Who Filed First?

This is where the order of filings gets important. If your landlord made good on threats to evict you and has already been to court to file the eviction paperwork, you may be out of luck. In many cases, you must follow the laws of your state and vacate the premises by the given date. Speak with your bankruptcy lawyer, however, since every state has different landlord-tenant laws.

If you managed to get to the courthouse and file your chapter 7 bankruptcy before your landlord filed the eviction, you may get a bit of relief. Once you file your bankruptcy, you can expect to put a temporary halt (and stay) on any filings by the landlord.

Making the Most of the Stay

No matter how the timing played out, at best you are only delaying the eviction. The only debts you can expect to have discharged are those that are considered unsecured, and arrears rent payments are not in that category. This means that to secure a place to live you must make every effort to work with your landlord to bring your payments up to date. Keeping in mind that you will no longer need to be making those gigantic credit card payments, you may be able to make things okay with your landlord. It should be noted that some property management companies and landlords are very reluctant to rent to someone with a recent bankruptcy, so try to keep what you already have.

Since these rules about evictions can vary so widely, speak with a bankruptcy attorney, such as Demers Gagnier Inc., for more information. 


18 July 2017

How to Gain Guardianship Over a Child

The laws governing child custody and guardianship can be confusing. As a family attorney, I have helped many clients gain legal guardianship over a foster child or a relative's child. Getting legal guardianship of a child you are caring for is important because you need to be able to make decisions about that child's education, health care and other matters. This blog will help you navigate the world of legal guardianship and show you how to take steps to get guardianship over a child whether the child's parents are cooperative or not. Legal guardianship does matter even if a child is not going to be adopted. I hope to help people find the way to get this done.