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Landlord/Tenant Disputes and Eviction

Avoiding Eviction Through Bankruptcy

When people find themselves in financial difficulty and have limited funds, hard decisions often need to be made with regard to which bills will be paid. In some cases, this means you can’t pay rent. If you are behind on the rent and facing the possibility of eviction, don’t assume that you have no option but to leave.

Filing for bankruptcy under Chapter 13 bankruptcy can allow you to repay your past-due rent and remain in your house or apartment. There are specific criteria that need to be met in these cases, and it is important to have an Ocean County eviction attorney who knows the law representing you from the start. At the law offices of Oliver & Legg, we have helped countless clients avoid eviction through bankruptcy.

Filing Bankruptcy Can Stop An Eviction

In every eviction, there is a specific process that must be followed, including providing written notice to the tenant. Perhaps most importantly, your landlord must obtain a judgment for possession before an eviction can proceed. The timing of your bankruptcy is very important to avoiding eviction. If your bankruptcy petition is filed before your landlord obtains the judgment for possession, an automatic stay is imposed on the eviction.

It is important that you take action immediately to protect your rights as soon as you become aware of your landlord’s intention to evict. If you wait too long to file for bankruptcy and your landlord obtains the judgment for possession, your opportunity to stop the eviction through a bankruptcy filing may be in jeopardy.

Finally, it is important to understand that you will be expected to keep up with your regular rent payments after your bankruptcy petition has been filed. Part of the purpose for allowing you to repay your back rent as part of a bankruptcy is to get your finances in order to a point where future missed payments will not be an issue.

Free Consultation With A Lawyer

With offices in Toms River and Neptune City, New Jersey, our law firm is ready to help you find a solution that allows you to remain in your home or apartment. Evening and Saturday appointments are available. Call 732-988-1500. or fill out our contact form.