Will filing bankruptcy stop a foreclosure bank eviction?

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Will filing bankruptcy stop a foreclosure bank eviction?

I’m getting confusing answers. It seems the answer is no if there is a tenant/landlord lease agreement. This is for a bank where there is no lease agreement.

Asked on May 23, 2015 under Bankruptcy Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Bankruptcy will temporarily stay, or halt, an eviction, and by temporary we typically mean for several months. However, ultimately, if there were good grounds for eviction--for example, nonpayment of rent; destruction of the landlord's property; or in the scenario you allude to, that you were the owner who was foreclosed upon, and so no longer has possession of the unit or the right to stay there--the eviction (or ejectment, if the filed the similar but not quite the same ejection proceeding instead of an eviction proceeding) will go foward. If you do not have the legal right any more to live someplace, bankruptcy does not give you that right; again, all it does it delay matters while the bankruptcy is processed. The eviction can resume either after the bankruptcy has been fully processed or earlier if the bank makes a motion to lift the stay and the court agrees to let them continue evicting, which the court may.


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