If you are facing eviction from your home, a bankruptcy filing could slow the eviction process down or stop it altogether. It is best to file bankruptcy as soon as possible before a landlord has officially taken possession if you hope that the bankruptcy filing will prevent you from losing your home.
An experienced Long Island bankruptcy attorney can help you to file for the protection of the bankruptcy courts and can advise you on the impact of bankruptcy on a pending eviction. Call or contact the Law Office of Ronald D. Weiss, P.C. today to speak with a member of our legal team and learn more about how we can help you to solve your debt problems.
Bankruptcy and Eviction
When you file for bankruptcy in Long Island, an automatic stay goes into effect immediately. The automatic stay prevents any kind of collection efforts or actions on the part of creditors. In other words, no one you owe money to can come after you to try to get you to pay or to take legal action for nonpayment.
The automatic stay applies not just to lenders like credit card companies, but also to your landlord as well.  Once a debtor has filed bankruptcy, a landlord is prohibited from serving notice or moving forward with the eviction process unless or until the landlord petitions the court.
The landlord will have to file a motion for relief from automatic stay in order to move forward with the eviction. A hearing will be held and the court will determine if the landlord should be allowed to evict despite the pending bankruptcy.  The court will usually find for the landlord and allow the eviction process to start or continue. However, the bankruptcy filing can buy you time and it may be possible for you to work out a deal with your landlord to stay in your home.
Filing for bankruptcy in Long Island allows you to enter into a repayment plan or to discharge debts, depending upon what chapter of the bankruptcy code you file under. Once you have resolved your other debt issues, you may be able to pay your rent and thus avoid being forced to leave.
If the eviction has already gone forward, however, filing for bankruptcy is not generally going to provide you with relief. Once the landlord has taken possession of the property, you can be made to leave even with an automatic stay in effect. This is why you may wish to file for bankruptcy as soon as it becomes clear that your bills cannot be paid.
A Long Island bankruptcy lawyer can help you to understand the impact of bankruptcy on your debt problems. Call the Law Office of Ronald D. Weiss, P.C. or contact us online today to speak with a member of our legal team and get help with your financial worries.