getting kicked outta my apartment

My parents are filing a bankruptcy to get rid of their credit cards. My dad is the only one who is working and who has credit cards. my dad is still getting his income and he has enough to pay the rent for the apartment we live in. But i was wondering if we can still get kicked out of our apartment if we file a bankruptcy.

Asked on July 6, 2009 under Bankruptcy Law, Virginia

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  Filing for bankruptcy protects you certain creditors.  When you file, you list those that are creditors so that they are on notice of the discharge of the debt, among other things.  With respect to the landlord, he is not a creditor that you are seeking to discharge a debt from if you are current on rental payments. Furthermore, it is highly unlikely that your lease says that you are in default if you file BK.  Thus, you will not be evicted from the apartment if your dad filed for BK.


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