Can Chapter 13 stop an eviction?

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Can Chapter 13 stop an eviction?

Almost 9 million people lost all federal unemployment benefits on Labor Day as the COVID safety net ended. With the onslaught of the pandemic and its shutdowns across the nation, families everywhere are now feeling the pinch more than ever. Now, as things begin to reopen, federal programs are ending and rent is due in full. Many Americans are now worried about becoming homeless as they struggle to catch up on their rent and mortgage payments before they are evicted. 

How Bankruptcy Can Save the Day

While there is a common misconception that bankruptcy is what takes away your home and savings, it actually is what saves them! Filing for bankruptcy often puts an “automatic stay” in place, meaning that you cannot be evicted and you cannot be fined for what you already owe on rent while the bankruptcy is still in progress. Bankruptcy is a hero in many grim-looking situations. 

See also: Can Bankruptcy Stop Eviction in Pennsylvania?

It isn’t Without Flaws

Bankruptcy can help keep you in your home for a while – but there are terms you must agree to. Ultimately, you will have to pay up one way or another to be able to stay in your home and avoid eviction. A Chapter 13 bankruptcy can help you to do just this by paving the future for your financial success while also catching you up on past due rent through affordable payment plans. 

How Chapter 13 Works to Stop Eviction

Rather than completely eliminating debt like a Chapter 7 bankruptcy, a Chapter 13 works on a manageable repayment schedule that is suited to your particular needs and abilities. The benefit of a Chapter 13 bankruptcy is that you can still keep all your property, even if you have expensive cars and belongings. Thanks to a Chapter 13 filing, you can work out a repayment plan for your past-due rent, making it impossible for you to be evicted as long as you continue to make your now manageable monthly payments. 

A Chapter 13 Bankruptcy Can be a Tool

Sometimes evictions don’t come with a past-due bill. Instead, the landlord will try to have you thrown off the property because they disapprove of your lifestyle, want to sell the property, or don’t agree with your emotional support animal. If a landlord decides they don’t want you on their land, they can use tricky methods to get you kicked off — even if you don’t owe any money!  In these cases, bankruptcy can still be a great tool even if you aren’t behind on your rent. You can file for bankruptcy to buy yourself time in your current home, allowing you to look for a new place to live or make a case against your landlord.

Take Action Quickly to Prevent Eviction

If you think that you may be facing eviction, it’s important to take action immediately! Choosing to wait might result in the landlord obtaining a judgment of possession before you can file for bankruptcy, meaning that you will still be kicked out of your home. As soon as you see problems arising, you should file for Chapter 13 bankruptcy and ensure your home is secure. With rent moratoriums coming to a screeching halt across the nation, now is the best time to ensure the pandemic doesn’t have the chance to take away even more from you. 

Filing for bankruptcy is a big decision but, in a world where things are upside down following the pandemic, it can be the best decision you can make. By filing for a Chapter 13 bankruptcy, you can look forward to staying in your home without losing any of your belongings. Not only can a Chapter 13 bankruptcy keep you in the house or apartment you’ve grown to love, but it can also help you reclaim your entire financial situation. 

If you are behind on your rent or see eviction in the future, contact our offices today to learn more about a Chapter 13 bankruptcy and start securing your future today! 

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