It’s difficult to know if bankruptcy is the right choice for you, and it’s scary to be evicted. In both cases you most likely don’t understand your rights. If you’re filing for Chapter 7 bankruptcy while facing eviction, or filing bankruptcy to prevent eviction, having an experienced attorney helping you through the process will ensure the best outcome in your specific circumstances.
This article provides basic information to help you take the next step in your decision making process. Contact The Law Office of Steven R. McDonald, LLC if you’d you like a skilled Milwaukee bankruptcy attorney to review your case.
Bankruptcy cannot cause or justify eviction if you have been paying your rent on time and continue to pay your rent.
If eviction has already started due to non-payment of rent or property endangerment, your landlord may be able to continue proceedings. Or, if proceedings have been completed, they can evict you. However, if you are behind on rent and your landlord has not filed for eviction, an eviction can be temporarily delayed. What good does that do you? This delay could provide you with the additional time you need to get caught up on your rent. Remember that after filing for bankruptcy, you may no longer need to pay existing credit cards, payday loans or medical bills. This means that you may now have money available to pay your rent.
Immediately upon filing a petition for bankruptcy, an automatic stay goes into effect and stops creditors from attempting to collect debt from you, and prevents eviction if it has not yet been filed for.
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Bankruptcy cannot get rid of or clear an eviction from your credit report or rental history. Depending on the specifics of your case, bankruptcy may discharge debt created by evictions, which is a very good thing. Please remember that bankruptcy does not wipe out records of past evictions.