Does filing Chapter 11 stop us from being evicted from a rental home?

UPDATED: May 31, 2012

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Does filing Chapter 11 stop us from being evicted from a rental home?

Believe that we have to file bankruptcy to stop debt problems and get a hold on our life while I am still disabled. I know that Chapter 11 doesn’t eliminate IRS debt but right now they are taking more than half my wife’s check and will not be able to pay our rent after this month if the IRS doesn’t reduce the lien amount. SSD also stopped my disability checks over 6 months ago when I had my latest surgery. Have a feeling that the IRS helped with that too.

Asked on May 31, 2012 under Bankruptcy Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Filing bankruptcy temporarily stays, or halts, all collections efforts; and while, strictly speaking, eviction is not a collections effort (it is a legal action to determine possession of property, not to collect on a debt), it will also be temporarily halted. However, that repreve is only temporary--you have no right to reside in someone else's property without paying them. Therefore, after some period of time--usually a matter of weeks, but possibly months--the landlord will be able to get the stay vacated as to him and continue with the eviction. So this will not be a solution to your problem, but it could buy you some time.

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