Photo by Jan Antonin Kolar on Unsplash. The ongoing federal eviction moratorium is a helpful but limited tool. There are issues about how to qualify and its conditions and limitations. Our last three weekly blog posts have been about the new Agency Order temporarily stopping many residential evictions. This Order by the Centers for Disease Control and Prevention (“CDC”) went … Read More
Photo by Patrick Perkins on Unsplash. The CDC’s recent temporary eviction moratorium does not forgive any unpaid rent. Chapter 13 lets you catch up on that back rent over time. Our blog post two weeks ago was about a recent federal order temporarily stopping certain residential evictions throughout the country. Check out that blog post to see who is covered … Read More
Photo by Kelly Sikkema on Unsplash. The CDC’s recent temporary eviction moratorium adds a new tool around which to plan your bankruptcy filing. Here are some Chapter 7 strategies. Last week’s blog post was about a new federal order temporarily stopping certain residential evictions throughout the country. Please see that blog post about which renters and rental properties are covered, … Read More
Photo by Vlad Zinculescu on Unsplash. The CDC imposed a new eviction moratorium over virtually all “residential property” in the United States. How do renters take advantage of it? On Friday, September 4, 2020, a federal order went into effect temporarily stopping certain residential evictions throughout the country. Issued by the Centers for Disease Control and Prevention (“CDC”), it’s titled … Read More
Both kinds of bankruptcy can use time to your advantage. Chapter 7’s advantage is it’s quick. Chapter 13 is it buys you much more time. A Key Distinction-Treatment of Time We’re starting a series of blog posts about the practical differences between Chapter 7 and Chapter 13 bankruptcy. Before getting down into the details let’s look at a difference … Read More
Your landlord CAN’T evict you for filing bankruptcy. A lease provision which allows for eviction upon bankruptcy filing is unenforceable.
A landlord can take back possession of a rental quickly if you’re endangering the rental or illegally using a controlled substance there.
Filing bankruptcy can stop an eviction, unless the landlord has already gotten a judgment of possession. Don’t wait–timing is crucial.