Homeowners Can Be Evicted During Bankruptcy

Facing Eviction While Filing Chapter 7 Bankruptcy

Many individuals considering filing for Chapter 7 bankruptcy are also facing the possibility of being evicted from their current residence.  In the past it was not uncommon for people to file for Chapter 7 bankruptcy to prevent an eviction. New bankruptcy laws in place today have made it easier for landlords to evict tenants despite an automatic stay resulting from filing for bankruptcy.

A landlord who obtains a judgment of possession before an individual files for bankruptcy is able to proceed with an eviction regardless of an automatic stay.  However, there may be exceptions to this rule that may apply to your case.  Winter Park lawyer Eric Lanigan and Roddy Lanigan at the law firm of Lanigan and Lanigan will be able to help you through this process. They can answer questions, help clarify next steps and provide direction on your options.

A landlord may also evict a tenant if the tenant is endangering the property or using illegal drugs. To evict under these grounds the landlord must file and serve certification saying that the grounds for the eviction was endangering property or illegal use of controlled substances on the property.

A tenant is able to challenge an eviction by filing an objection to truth of the statements in the certifications. The court will hold a hearing on the objection and decide whether the eviction must wait till after the bankruptcy.

It is important to consult with an attorney regarding bankruptcy which is a complex process. The Winter Park attorneys at Lanigan and Lanigan have 36 years of experience helping clients file bankruptcy. For all your legal needs, contact Eric Lanigan or Roddy Lanigan. You’ll receive representation with a personal touch.