Stopping Eviction Through Bankruptcy

Debtors who come to Salcido Law Firm are often renters who are late on their monthly rent payments and in some cases are facing an eviction. Sometimes, these clients do not realize that filing for bankruptcy can actually prevent their landlord’s eviction action from proceeding. If you are a renter and were recently served with an eviction notice, you have options available to you through the bankruptcy process. Of course, eviction alone is usually not enough to justify a bankruptcy. However, if you are deep in debt and behind on your rent, a bankruptcy may be one of the best options available for you to be able to stay in your rented property and start new. Bankruptcy can prevent an unforgiving landlord from throwing you and your family on the street.

Will bankruptcy prevent eviction?

The minute you file for a chapter 7 or chapter 13 bankruptcy, your creditors, including your landlord will not be able to exercise any collection actions against you, including an eviction. If you have been served with an eviction notice in Utah, you only have a very small window in which to respond to the notice. For this reason, it is very important to speak with a lawyer as soon as possible. At our law office, we provide free consultations to debtors who are facing an eviction action. Don’t wait until it is too late to prevent an eviction. Call us immediately to get started on your case.

When won’t a bankruptcy prevent eviction?

While the general rule is that a landlord may not evict a tenant who has filed for bankruptcy. There are some exceptions that every tenant and debtor should be aware of. First, if the tenant is using the property to commit crimes, such as selling drugs out of the rental property, the landlord can evict the tenant despite the tenant’s bankruptcy filing. Second, if the tenant is damaging the property, the landlord does not need special permission from the court to evict. These are two of the most common exceptions to the general rule. There is no exception based on lack of rent payments. This means that a landlord must seek special leave of the bankruptcy court in order to evict a tenant for nonpayment of rent.

Utah Bankruptcy Attorneys Prevent Eviction

If you are unable to pay your bills as they are coming due, including your rent, we can help you file for bankruptcy and stay in your rental property. Don’t get evicted. You have options available to you. Call us today to find out more about how our Utah Bankruptcy Lawyers can help you stay in your home and get a fresh start. Call us today.