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Will Bankruptcy Stop Eviction from Your Apartment?


The answer depends on where your eviction case is at. If your landlord has not taken you to court yet and does not have a "judgment for possession" against you, the landlord cannot proceed against you based on the bankruptcy automatic stay. In order to go through with the eviction process, the landlord has to file and get approved a Motion to Lift the Automatic Stay.

If you have already been taken to court and lost your eviction hearing, your landlord has a "judgment for possession" against you. However, you can still take the following two steps to prolong and possibly prevent eviction:

  1. You must pay one month's worth of rent to the bankruptcy clerk immediately upon filing the bankruptcy petition.
  2. You must also file a "certification" under penalty of perjury, which states that (1) the judgment allows you to stay in your apartment if you pay the amount in full and (2) you have deposited with the clerk "any rent which would become due during the 30 day period after the filing of the bankruptcy petition."

Unfortunately, "judgments for possession" do not always allow tenants to stay in their apartments even after they have paid the judgment amounts. Please consult an attorney to determine what would be best for your specific case.

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