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Can a landlord evict a tenant for not paying rent because of a Bankruptcy?

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bankruptanddown

Junior Member
More specifically, My rent is $625 per month and I informed my landlord that I needed to short my February rent payment $250 in order to pay the legal fees for my Chpt. 7 Bankruptcy. I told them I would pay back the money $75 per month including a late fee and they said "NO!!!" They told me they would evict me if I shorted the rent. I am disabled and only receive a little over $900 per month from Social Security and I barely scrape by each month as it is, but with the Bankruptcy, I could afford the extra $75 per month to pay the rent back. Can they legally evict me if I go through with it? If they can, Is there a way to add my rent payment to the Bankruptcy? Please help me!!! If anyone knows about this, please please please help me!!! I live in NJ if that helps with any laws pertaining to it. Thank you!
 


JETX

Senior Member
bankruptanddown said:
Can they legally evict me if I go through with it?
Yes.... and no.
The day you file your bankruptcy petition, an automatic stay is put in place that prevents ANY creditor (including your landlord) from taking any action against you.
However, the landlord can file a 'Motion to Release Stay' with the court and, if the court agrees, then he can enforce eviction proceedings against you.

If they can, Is there a way to add my rent payment to the Bankruptcy?
Yes you can, but that will not help if the court grants their stay motion.
 

GaAtty

Member
GAAtty

Maybe you could consider a Ch 13, assuming that you have enough income to qualify. It would enable you to spread your back amount owed over up to 60 months, and then you could continue your current payments as they come due. You would have higher legal fees but those also are spread out over the 60 months. They can evict you on either your Ch 7 or Ch 13 if you don't pay your rent, but before they do that they have to have their attorney go to bankruptcy court and get permission of the trustee. You would be given written notice of this hearing before it happens. Until then, it doesn't matter what the apartment says, they can't evict you if you have already filed. It is a violation of the automatic stay of bankruptcy court and they can be fined a good sum. You should get your bankruptcy filed quickly if they are threatening to do this. Talk to a bank. atty. about either a 7 or 13.
 

JETX

Senior Member
GaAtty said:
Maybe you could consider a Ch 13, assuming that you have enough income to qualify. It would enable you to spread your back amount owed over up to 60 months, and then you could continue your current payments as they come due. You would have higher legal fees but those also are spread out over the 60 months. They can evict you on either your Ch 7 or Ch 13 if you don't pay your rent, but before they do that they have to have their attorney go to bankruptcy court and get permission of the trustee. You would be given written notice of this hearing before it happens. Until then, it doesn't matter what the apartment says, they can't evict you if you have already filed. It is a violation of the automatic stay of bankruptcy court and they can be fined a good sum. You should get your bankruptcy filed quickly if they are threatening to do this. Talk to a bank. atty. about either a 7 or 13.
Gee that sounds familiar.... oh yeah, I said it in my earlier post.
 

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