Best Business Attorneys in Laguna Hills, CA

Bankruptcy Stops Evictions When filing bankruptcy, the automatic stay goes into effect and stops all collections, including eviction proceedings. The stay allows you to remain in the rental property while your bankruptcy case is being processed. The automatic stay generally lasts until the bankruptcy case is resolved or the landlord receives permission from the bankruptcy court to proceed with the eviction through a motion for relief from the automatic stay. Note, if the state court has already adjudicated the eviction proceedings and issued a judgment of possession, filing bankruptcy will not stop the sheriff from evicting you. Chapter 7 bankruptcy will discharge the past-due rent, but you may be responsible for the rent accrued after filing until you vacate, though iit is rare the landlord will pursue you. Chapter 13 Bankruptcy allows you to catch up on past due rent in a repayment plan. Note, if you have endangered the property, engaged in illegal activities, or violated the terms of their lease, a landlord may be able to seek relief from the automatic stay and proceed with eviction, with the court’s permission. Get informed and understand the complexities of bankruptcy and eviction laws in your area. Contact Doan Law for guidance and ensure your rights and obligations are properly addressed. Submit our Easy Online Intake and our friendly staff will contact you to schedule your free consultation. Don’t worry, be happy! We’re here to help.