Can I catch up on past due rent payments over time?
Yes. In a Chapter 13 or Chapter 11 case, you can provide for catching up on past due rent over a period of time (typically 36-60 months in Chapter 13, and potentially longer in Chapter 11).
Will Bankruptcy Stop An Eviction?
Yes. The automatic stay in bankruptcy will temporarily stop any eviction IF the case is filed before the eviction process has terminated your rights to possession of the property. How long the protection lasts depends on which bankruptcy chapter you file and whether you provide for catching up on the past due rent amounts. See more information on evictions in bankruptcy.
Can I Eliminate or Discharge Rent Debt Owed To My Landlord In Bankruptcy?
Yes! Any bankruptcy chapter enables you to discharge rent obligations owed to a landlord. Of course, if you don't pay your rent, the landlord has the right to evict you.
What is the automatic stay?
The automatic stay is an injunction that goes into effect automatically upon the filing of a bankruptcy. It prohibits the commencement or continuation of any acts to collect on a debt that arose prior to filing the bankruptcy. This includes enforcement of judgments, creating or perfecting liens, debt collection (such as wage garnishment and levies) and many other actions. (It does not apply to collecting alimony or other domestic support obligations).