Skip to content
  • 4560 S. Decatur Blvd. Suite 302, Las Vegas, NV 89103
  • 702-252-4673
  • hope@deluca-associates.com
Facebook-f Twitter Yelp
  • 702-252-4673
DeLuca & Associates logo
  • Home
  • Services
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
  • About Us
    • Anthony DeLuca
  • Testimonials
  • Blog
  • Contact
Menu
  • Home
  • Services
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
  • About Us
    • Anthony DeLuca
  • Testimonials
  • Blog
  • Contact
BBB accredidation logo

Can I Be Evicted While I File For Bankruptcy?

eviction notice posted on front of a building

Many people assume that the cost of filing for bankruptcy may interfere with paying for essential bills like rent and utilities, possibly leading to an eviction. The truth is that the Automatic Stay protection immediately stops the collection process for many existing debts, and may even provide protection from foreclosure or eviction. Here’s what you need to know about eviction during bankruptcy:

Timing is everything

Your landlord’s ability to evict you depends on when you file for bankruptcy. In order to evict you, the landlord would have to have received a judgment for possession before you completed filing for bankruptcy. If you’ve already filed, the Automatic Stay prohibits your landlord from starting the eviction process without a hearing to remove the Automatic Stay.

Automatic Stay Protection

Once your bankruptcy filing is complete, you will be under Automatic Stay protection. Automatic Stay protects you from wage garnishments, most debt collectors,  and foreclosure/eviction. For the most part, your payments will stop, but there are some exceptions such as child support payments and certain taxes.

Exemptions to the stay

landlord in a meeting with tenants

Your landlord has the right to appeal to the courts to obtain an exemption from this automatic stay protection so he or she can evict you. An exemption may be granted if you are accused of using drugs or presenting a property hazard. Your landlord would have to provide proof that this occurred on the property within the past 30 days. In this instance, you would have 15 days to offer an objection. Then, the court will meet within 10 days to hear you and your landlord and determine whether your objection is valid.
It’s never fun to fall behind on payments, but we understand that sometimes unexpected events or circumstances can cause financial hardship. If you are seeking relief from debt collectors or foreclosure, bankruptcy may be the right choice for you.
Contact Anthony DeLuca at (702) 252-4673 to schedule a free consultation with an experienced bankruptcy attorney in Las Vegas today.

If you liked this post, you might also like:

Left a Creditor off the Creditor Mailing List? Here’s How to Fix it
Can Debt Collectors Call You at Work? Know Your Rights

Featured image by 123rf

Get a FREE Consultation

Set up your free consultation with Attorney Anthony DeLuca or one of his associates to go over your Las Vegas bankruptcy.

Request Consultation

Request a Free Consultation

Recent Posts

Residency Requirements To File For Bankruptcy In Nevada

March 14, 2023

Will Bankruptcy Affect My Rental Agreement?

February 15, 2023

What Debts Get Erased in a Bankruptcy?

February 1, 2023
DeLuca & Associates logo

About Us

Representing thousands of clients since being founded in 2001 by attorney Anthony Deluca, DeLuca & Associates remains established as the premier consumer bankruptcy law firm in Nevada.

Contact Us

DeLuca & Associates
Bankruptcy Law Firm Serving Nevada

4560 S. Decatur Blvd. Suite 302
Las Vegas, NV 89103

(702) 252-4673
hope@deluca-associates.com

Connect + Follow

Facebook-f Twitter Yelp
BBB accredidation logo

Privacy Policy | Sitemap