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The petition itself triggers the automatic stay as a built-in feature of the bankruptcy process. So you do not need to file additional paperwork to invoke the stay. ... if the landlord receives an ...
It is certainly possible to lose your house in Chapter 7 bankruptcy. “If your mortgaged property isn’t excluded from a Chapter 7 bankruptcy, a lender with a lien can force its sale,” Adams says.
Declaring bankruptcy can be a useful measure in providing those facing eviction with more time to right their finances, a consumer finance expert said.
In United States bankruptcy law, an automatic stay is an automatic injunction that halts actions by creditors, with certain exceptions, to collect debts from a debtor who has declared bankruptcy. Under section 362 of the United States Bankruptcy Code , [ 1 ] the stay begins at the moment the bankruptcy petition is filed.
Under The Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19, a covered person is a tenant that has given their landlord the legal right to evict them, but has declared, under penalty of perjury, that: available housing assistance has been pursued; homeless status is likely after the eviction; the tenant is making ...
The stay does not stop an eviction proceeding if the landlord has already obtained a judgment of possession prior to the bankruptcy case being filed, § 362(b)(22). The stay also would not apply in a situation where the eviction is based on "endangerment" of the rented property or "illegal use of controlled substances" on the property, § 362(b ...