Filing for bankruptcy can provide you with debt relief, but can it stop an eviction?
If the eviction is based upon your failure to pay rent, the answer is yes. However, if you don’t file quickly enough, your landlord can still evict you. And, bankruptcy is only a temporary solution – filing won’t allow you to stay in your rental home indefinitely. Here’s what you need to know if you’re in danger of being evicted in Utah.
The Eviction Process
If your landlord wants you to vacate the property, you will first receive a written notice. This document states the reason for the eviction and the amount of time you have to comply. If you can pay the past-due rent before the deadline, you shouldn’t have to worry about being evicted.
If you can’t get caught up in time, your landlord can go to the Utah courts and file an eviction lawsuit against you. A successful case will result in an eviction judgment, which is an official order for you to leave the property by a certain date.
Using Bankruptcy to Stop an Eviction
Bankruptcy can put a stop to the eviction process in Utah. But as we mentioned, you need to act fast. In fact, you need to file before your landlord receives an official judgment from the Utah courts, or it will likely be too late.
When you file for bankruptcy, an automatic stay kicks in. This will prevent most creditors – including your landlord – from taking any collection action.
However, bankruptcy won’t erase any Utah court judgments that are already in place. So, if your landlord already filed a lawsuit and obtained an eviction judgment, filing for bankruptcy probably won’t stop you from being evicted.
Buying Time by Filing for Bankruptcy
The automatic stay won’t last forever – only until you receive a bankruptcy discharge. In addition, your landlord can file a motion with the Utah courts and ask for permission to proceed with the eviction. Most requests of this nature are granted, and you can expect your landlord to evict you soon afterwards.
That said, filing for bankruptcy can buy you some time to pay your past-due rent and set things straight with your landlord. If you don’t want to move, bankruptcy may be the right solution.
But don’t make the decision lightly. Bankruptcy will remain on your credit report for up to ten years, and filing may also affect your ability to rent another Utah home. If you are drowning under debt payments and need a fresh financial start, however, bankruptcy could be your best bet.
For expert advice, turn to an experienced Utah bankruptcy lawyer – like the team of professionals at Davis & Jones.
Our legal team, led by attorneys Lee J. Davis and Tony G. Jones, has helped over 20,000 Utah residents find relief from the pressures of overwhelming debt. For a free consultation to discuss eviction and bankruptcy with the Law Office of Davis & Jones, P.C., contact our Salt Lake City office today.