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 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.
Filing bankruptcy does not remove a charge off report from a credit card on your credit report. It just adds bankruptcy to your credit report.
No.
Contact the credit bureau that has the incorrect information about the bankruptcy. They will contact whomever they need to in order to verify the information or remove it if it is deemed false.
Not paying rent is grounds for eviction. Most courts won't care about the bankruptcy, and most bankruptcy judges will not stop an eviction.
No. Bankruptcy doesn't erase anything from your credit. In fact, it adds a very, very, bad thing to it.
Have the sheriff serve them eviction papers....
In order to remove someone from your apartment, you will need to obtain an eviction notice. Without an eviction notice, it is illegal to remove the person from the premises.
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.
Filing bankruptcy does not remove a charge off report from a credit card on your credit report. It just adds bankruptcy to your credit report.
Contact the credit bureau that has the incorrect information about the bankruptcy. They will contact whomever they need to in order to verify the information or remove it if it is deemed false.
Yes, you still pay rent, because being bankrupt does not entitle you to free housing.
The fact that you have a repossession on your credit report is not a determining factor of whether your can file for bankruptcy. Generally in bankruptcy you can remove the debts from the repossession of your vehicle.
Any tenant can be served an eviction notice. An eviction notice starts the court process to remove an occupant from the premises. In addition to the court process, a landlord may report the tenant to NoPayTenants.com.