Bankruptcy and Evictions

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If you are faced with an eviction notice from your landlord for not paying your rent, could you file a bankruptcy petition and repay your debt through bankruptcy? If it was before 2005, it was legally possible. But post-2005 is where the Bankruptcy Abuse Prevention and Consumer Protection Act 2005 (BAPCPA) governs a situation like this. Since the enforcement of the BAPCPA in 2005, it is increasingly difficult to overcome an eviction notice through bankruptcy.

Although it is still possible to overturn an eviction notice through bankruptcy, but the process has become more difficult and expensive. When issued an eviction notice and given a “judgment of possession,” a tenant (or renter) needs to deposit one month’s rent to the bankruptcy clerk when filing the bankruptcy petition. In addition, tenant must also file a “certification” stating that the judgment allows the tenant to stay in the premises if the judgment amount is paid in full and that the tenant has deposited with the bankruptcy clerk “any rent which would become due during the thirty (30) day period after the filing of the bankruptcy petition”.

The problem is that in most cases, the judgment for possession does not allow the tenant to stay in the premise even after the judgment amount has been paid. This is because the landlord most likely has taken a dislike to the tenant and wants the tenant out of his property as soon as all dues are paid up. Furthermore, most tenants who owe money are delinquent because they cannot afford the rent, so they do not have the money to lodge with the bankruptcy court as well.

If you are facing all kinds of problems with your finances, you should file for bankruptcy to put an end your debt situation. Bankruptcy gives you the chance to start afresh financially. You do not have to continue this stress-filled life of being hounded by your landlord and other creditors when you file a bankruptcy petition. So if you are considering bankruptcy, call us at (813) 200 4133 for a free consultation. Your financial worries will soon be over.n eviction notice from your landlord for not paying your rent, could you file a bankruptcy petition and repay your debt through bankruptcy? If it was before 2005, it was legally possible. But post-2005 is where the Bankruptcy Abuse Prevention and Consumer Protection Act 2005 (BAPCPA) governs a situation like this. Since the enforcement of the BAPCPA in 2005, it is increasingly difficult to overcome an eviction notice through bankruptcy.

Although it is still possible to overturn an eviction notice through bankruptcy, but the process has become more difficult and expensive. When issued an eviction notice and given a “judgment of possession,” a tenant (or renter) needs to deposit one month’s rent to the bankruptcy clerk when filing the bankruptcy petition. In addition, tenant must also file a “certification” stating that the judgment allows the tenant to stay in the premises if the judgment amount is paid in full and that the tenant has deposited with the bankruptcy clerk “any rent which would become due during the thirty (30) day period after the filing of the bankruptcy petition”.

The problem is that in most cases, the judgment for possession does not allow the tenant to stay in the premise even after the judgment amount has been paid. This is because the landlord most likely has taken a dislike to the tenant and wants the tenant out of his property as soon as all dues are paid up. Furthermore, most tenants who owe money are delinquent because they cannot afford the rent, so they do not have the money to lodge with the bankruptcy court as well.

If you are facing all kinds of problems with your finances, you should file for bankruptcy to put an end your debt situation. Bankruptcy gives you the chance to start afresh financially. You do not have to continue this stress-filled life of being hounded by your landlord and other creditors when you file a bankruptcy petition. So if you are considering bankruptcy, call us at (813) 200 4133 for a free consultation. Your financial worries will soon be over.

 

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