Prior to 2005, an eviction could be prevented by filing for bankruptcy; however, the Bankruptcy Abuse Prevention and Consumer Protection Act changed the rules for tenants who file for bankruptcy. These days, it is much easier for a landlord to evict a tenant even if they have filed for bankruptcy. If a bankruptcy is filed by a tenant before their landlord is able to get an order or judgment giving them authority to move forward with an eviction, then bankruptcy
should be able to keep the tenant in their residence while they attempt to make arrangements to catch up on the past due rent payments with their landlord. However, filing for bankruptcy does not leave the landlord without any options or recourse for payment. If the past due rent remains unpaid, the landlord can seek relief from the automatic stay, which prevents eviction, allowing them to move forward and evict the tenant even if they are still in an active bankruptcy. Judges are usually pretty willing to grant these motions for relief from stay since an eviction will not affect the outcome of the bankruptcy discharge nor any repayment to creditors.
Are you struggling to make rent payments and are concerned about a potential eviction? To see how we can help you today, please feel free to reach out to your Yuba City bankruptcy attorney at (530) 797-4402.