CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

Can a Florida Bankruptcy Attorney Help Me Avoid Eviction

Bankruptcy Florida Lawyer.Losing one’s home is one of the most common concerns you can have when filing for bankruptcy. A Florida bankruptcy attorney helps people worried about foreclosure that forces them from their homes when they file.

But what about people who rent their homes? What happens if you’re renting from a landlord and you file for bankruptcy? Here’s what you need to know.

Anyone who has explored the option of filing for bankruptcy knows that doing so triggers a variety of different financial protections. These protections involve income, assets, and other resources and kick in automatically upon filing. The majority of them last for at least the life of the bankruptcy.

Many of these protections apply to assets owned by the file. There are also protections available for renters, including protecting them from eviction. However, it’s not guaranteed. Landlords can still evict people who file for bankruptcy under specific circumstances.

Are You Filing for Chapter 7 or Chapter 13?

Much of what a landlord can and cannot do is based on whether a person files for Chapter 7 or Chapter 13.

Chapter 7 results in the discharge of all debts included in the bankruptcy. The court assumes control over the filer’s lease. If the bankruptcy trustee determines the rent is unreasonable or unaffordable, termination of the lease might lead to eviction.

Should the trustee determine the tenant can keep the lease, landlords have a right to ask the tenant to prove they can afford future rent payments. If this isn’t possible or a renter falls behind on payments despite the proof, landlords can ask the court to terminate the lease and the stay against eviction.

In Chapter 13, the renter retains greater control of the situation. If someone can afford his or her bankruptcy payments, as well as their rent, Chapter 13 might prevent a landlord from evicting a tenant who wishes to continue the lease.

If a Chapter 13 filer is behind on payments when they file, a landlord can request that the claim for back rent be treated as an administrative claim. This ensures money owed to a landlord is granted higher priority than other unsecured claims should Chapter 13 later be converted to a Chapter 7.

The landlord can also ask the bankruptcy court to garnish the debtor’s wages. Under the Chapter 13 repayment plan, the trustee can forward money recovered to fund to the landlord. If the debtor fails to keep up with the plan, the landlord can legally evict the tenant.

Bankruptcy Protections

Both Chapter 7 and Chapter 13 activate something known as an automatic stay. This is a court-ordered halting of all debt collection efforts, including eviction proceedings.

The only recourse a landlord has to evict is if they believe the tenant is damaging the property or using it for illegal activity. In this case, they must file a document with the court requesting the right to evict based on these grounds.

Filing for bankruptcy automatically affects a lease. This is true even if you are up-to-date on rent payments and not in violation of the lease in any other way when you file.

There are exceptions to these rules and the laws regarding eviction and bankruptcy vary from state to state. This is another reason why it’s so important to work with an attorney. He or she can provide information and access to resources that protect you from homelessness when filing for bankruptcy.

For more information or to schedule a consultation with an experienced Florida bankruptcy attorney, contact the Law Office of Robert M. Geller at 813-254-5696 to discuss your case.

Archive

Video Testimonials

Tampa Bankruptcy Law Blog

How Does Getting Married Affect Bankruptcy?

If you are considering bankruptcy, you may be wondering how getting married affects your ability to file. The answer is...
Read More

How Does Filing for Bankruptcy Affect a Vehicle Loan?

If you're considering bankruptcy, you may be wondering if you'll be able to keep your car. The answer depends on...
Read More

8 Ways to Deal with Student Loan Debt

If you're one of the millions of Americans saddled with student loan debt, you're probably looking for ways to minimize...
Read More

Tips for Handling Credit Card Debt

If you're struggling with credit card debt, you're not alone. The average American household owes nearly $6000 in credit card...
Read More

Don’t Fall for These Common Bankruptcy Myths

There are a lot of misconceptions out there about bankruptcy. Working with a debt defense attorney is one of the...
Read More

Can Filing for Bankruptcy Affect My Career?

It’s common for people considering bankruptcy to wonder how filing affects their job. The answer to this question depends on...
Read More

Can I Fix My Credit After Bankruptcy?

Wondering how to improve credit after bankruptcy? Here's what you need to know. Bankruptcy can be a fresh start for...
Read More

What Happens If I Can’t Afford Chapter 13 Bankruptcy?

Are you wondering what happens if I can’t afford my chapter 13 payments? Here's what you need to know when...
Read More

Help I Regret Filing for Chapter 7 Bankruptcy

Bankruptcy isn't the right choice for everyone. Depending on your unique financial situation, you may be able to find other...
Read More

How a Bankruptcy Attorney Helps You Avoid Problems When Filing

Do you know what mistakes to avoid when filing for bankruptcy? If you're considering filing for bankruptcy, it's important to...
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

Call For A Free Initial Consultation

813.254.5696

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions