If I filed bankruptcy but I’m 2 months behind in my rent and I may be facing eviction, will my bankruptcy stop or help me?

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If I filed bankruptcy but I’m 2 months behind in my rent and I may be facing eviction, will my bankruptcy stop or help me?

Asked on December 2, 2012 under Real Estate Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your landlord has not already been awarded a judgment for eviction before you file for bankruptcy, they cannot deliver any type of notice to vacate (or even start the process of eviction). This is what is known in bankruptcy law as the "automatic stay".

Your landlord will need to go to the bankruptcy court and ask the judge to "lift" (i.e. remove) the stay before they can proceed to evict you. That can happen in as little as a couple of days, although that would be somewhat unusual. The eviction process typically takes another 3-5 weeks.


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