If you file bankruptcy before the eviction goes through, or in other words the court has not yet ordered that you vacate the premises, then a bankruptcy can and will buy you more time, or possibly even allow you to stay, depending on which chapter you file.
Chapter 7 Utah Bankruptcy
If you are served with an eviction notice and you file a Chapter 7 Utah Bankruptcy then the automatic stay will prohibit your landlord from evicting you, at least temporarily. At that point your landlord has a couple options, he can either work with you and allow you to stay, wait until your bankruptcy case is closed and then resume eviction proceedings (unless you've gotten current on your rent in the meantime), or he can file a Motion to lift the Stay with the court.
Most courts will lift the stay unless you can show a good reason for why the stay should not be lifted. So if your landlord does go with option number three, then the chapter 7 Utah bankruptcy doesn't do much as to avoiding eviction, other than buy you a little bit of time.
Most courts will lift the stay unless you can show a good reason for why the stay should not be lifted. So if your landlord does go with option number three, then the chapter 7 Utah bankruptcy doesn't do much as to avoiding eviction, other than buy you a little bit of time.
Chapter 13 Utah Bankruptcy
Utah Bankruptcy A Chapter 13 Utah Bankruptcy will buy you some time, but ultimately your landlord can file a motion to lift the stay, just like he could in a chapter 7 bankruptcy. A chapter 13 forces creditors, including your landlord, to accept payments on debt. So any back-rent owed can be included in your chapter 13 bankruptcy plan. In the plan your landlord is likely to receive pennies on the dollar, if anything. SOMETIMES if you start or continue making your normal monthly rent payment, you'll be able to stay.
My Landlord already has an Eviction Judgment against Me
If you've already been served with an eviction notice and a judge has signed an Order demanding that you vacate the premises, then a Utah bankruptcy is not very helpful. At that point you no longer legally occupy the residence, and you can be compelled to leave whether or not you file bankruptcy. So if you are facing an eviction and are considering bankruptcy, you want to do it sooner rather than later.
I am being evicted for a reason other than failure to pay rent
If you are being evicted for a reason other than failure to pay rent, you still have protection through the automatic stay. However, in either a chapter 7 or chapter 13 Utah bankruptcy, once the stay is lifted your landlord can resume or start eviction proceedings. The chapter 13 does not help because the issue isn't back-rent, so there is nothing to catch up on. The bankruptcy court will not force a landlord to allow a tenant to remain on the premises when he or she has violated the lease agreement. For instance, if your lease agreement strictly prohibits pets, and you have 6 dogs in the house, no judge is going to allow you stay in the house with your 6 dogs just because you filed bankruptcy..
If you are being evicted and are looking to either stall the process, or ultimately stay on the property, call Pearson Law Firm and set up a free consultation with an experienced Utah bankruptcy attorney. Call 801-888-0991
If you are being evicted and are looking to either stall the process, or ultimately stay on the property, call Pearson Law Firm and set up a free consultation with an experienced Utah bankruptcy attorney. Call 801-888-0991
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