CAN A BANKRUPTCY STOP AN EVICTION AND KEEP ME FROM GETTING EVICTED FROM MY HOME, HOUSE OR APARTMENT?
We mentioned above about being evicted from a house or home that has been foreclosed on. Here we will discuss being evicted from a house, home or apartment that you are renting (leasing). If you violate the terms of your rental (lease) agreement, your landlord can file a forceable eviction and detainer lawsuit in court to have you evicted from your house, home or apartment. This type of lawsuit is usually filed in the General Sessions Court, after which you will be served with a notice (summons) of the lawsuit. Be aware that service of notice of the lawsuit can be accomplished by posting a notice of the lawsuit on the door of the home, house or apartment you are renting (leasing) without actual personal service on you. Once served, you will be given a date to appear in court and present your reason as to why you should not be evicted. Usually, if you appear in Court without an attorney, you can request that the judge continue your case to give you time to hire an attorney to represent you. This continuance of the court case is usually for a week or two. We recommend that, if you are going to file a bankruptcy to stop the eviction, you file the bankruptcy before the trial day or continued trial date. However, you may be able to keep from being evicted if you file your bankruptcy before the judgment of the court becomes final (usually an agreement can be worked out to keep you in your home, house or apartment). In General Sessions Court, the judgment becomes final 10 days after the judge grants the eviction.
If you want to stay in your home, house or apartment that you are renting (leasing), the usual method is to file a Chapter 13 bankruptcy payment plan. Although the landlord can object, most landlords will agree to let you stay in your home, house or apartment as long as you resume making a timely payment of your rent.
Note: This information is simplified to make it easier to understand and is subject to qualifying under the Federal Bankruptcy law and to the operation of said law. This information should only be acted on with the advice of an attorney.