No.
Bankruptcy doesn't erase anything from your credit.
In fact, it adds a very, very, bad thing to it.
Not paying rent is grounds for eviction. Most courts won't care about the bankruptcy, and most bankruptcy judges will not stop an eviction.
'' what does eviction mean ? '' said paul
if its related to the bankruptyc, you can include it. and the creditors will have to remove it or flag it for removal in 7/8 yrs because an eviction is related to owing money or a summons, and a bankruptyc filing will/can squash those writs of order to pay. You have to manually add that into your list of creditors when filing for the bankruptcy.
After a bankruptcy discharge, a landlord may still pursue eviction if the tenant owes rent for periods not covered by the bankruptcy or if the lease was terminated before the bankruptcy filing. The landlord can file for eviction in court, citing reasons such as lease violations or non-payment of rent. Additionally, if the tenant did not include the lease obligation in the bankruptcy filing, the landlord may argue that the debt is still enforceable. It’s important for tenants to understand their rights and seek legal advice in such situations.
If it was in reference the bankruptcy stay being lifted the landlord can proceed with the eviction process. The case will remain pending until the landlord files a motion and receives permission from the court to proceeed. If the state allows self-help a court order is not necessary the one exception being public funded housing, such as a Section 8.
i was a landlord in PA trying to evict a tenant who filed for chapter 7 to avoid eviction. Only thing i could do was petition the courts for a relief from stay of bankruptcy to continue with the eviction. Without doing that, the tenant would be protected under bankruptcy law. However, getting the relief from the court can take a month or longer. The alternative is to wait it out until the bankruptcy discharges or gets dismissed, then you can continue with the eviction. Good luck if you have a smart tenant, they will find every loop hole like mine did. It seems like tenants have more rights than landlords.
If the eviction is for nonpayment of rent, yes, since it is a debt collection procedure. The landlord or property manager would have to move for relief from stay to proceed. However, this varies from state to state and even from one bankruptcy court to another, so check with a local bankruptcy lawyer. Even if the eviction is not for past-due rent, the claim will include costs and lawyer's fees, so the landlord should move for relief from stay or wait, if it is a c. 7, until the case is closed. Make sure the landlord is included as a creditor to discharge any money owed to the landlord.
No need to do any reporting. When the eviction judgment was entered, the credit bureaus update their files and will put this on the defendant tenant's credit file.
yep
Yes, you still pay rent, because being bankrupt does not entitle you to free housing.
Strictly speaking, no, they can't evict you for that, as long as you are in compliance with the terms of the lease and making rent payments. They aren't, however, obliged to allow you to stay there rent-free; if you stop paying rent, then yes, they can evict you. Filing bankruptcy could put a temporary hold on eviction proceedings, also. The bottom line is: if you're not just curious, if the answer really matters to you, then you need to talk to a bankruptcy lawyer about the specific details of your particular case.
If you believe Bankruptcy or eviction are possible, and your asking what your asking (which is head scrtachingly weird), GET A LAWYER...go to legal aid...get help.