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Will Filing For Bankruptcy Stop My Landlord From Evicting Me?

If your landlord has not yet gotten a judgment for eviction against you, then yes, in the short term, filing for bankruptcy will result in an automatic stay being issued by the court, which will apply to your landlord’s efforts to evict you for non-payment.

You will have to list your landlord as a creditor in your filing, and the stay will give you additional time to become current on rent and possibly remain in the property.

However, your landlord will ask the court to lift the stay, so unless arrangements are made with the approval of the bankruptcy trustee, the eviction will eventually resume.

At Zelenitz, Shapiro & D’Agostino, we help clients file bankruptcy and protect as much as possible.

If you’re worried about how to stay in your home, or just how to have an orderly move when you have to go, call us at 718-599-1111 for a free consultation.