After I notify my landlord of my bankruptcy, how long can I stay without paying rent? - Bankruptcy Law Questions and Answers- LawQA.com

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After I notify my landlord of my bankruptcy, how long can I stay without paying rent?

I am planning on including my apartment lease in my Chapter 7 filing. After I notify my landlord of my bankruptcy, how long can I stay without paying rent? Thank you.

Answer By Debby Bowinski

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You will be responsible for any rent that comes due after you file your bankruptcy case but before you leave the premises. If you leave before you file then whatever you owe at the time your bankruptcy case is filed is what will be discharged. So....the moral of the story is to move out BEFORE you file your case.

Answer Applies to: Colorado
Replied: 5/1/2015


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Not very long. Maybe 30 days.

Answer Applies to: Nevada
Replied: 4/30/2015

GARCIA & GONZALES, P.C.
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Your BK filing will not stop an eviction process. Ask a local real estate attorney how long the eviction process takes. Any lawyer worth their weight in salt is going to charge you for the consultation, but it can save you countless sleepless nights!

Answer Applies to: Colorado
Replied: 4/30/2015

Answer By Dorothy G Bunce
A Fresh Start
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How long you can stay without paying rent depends on how quickly your landlord can get an attorney to file a motion to lift stay in bankruptcy court and get it heard. With an order shortening time, you might not have much more than a week before the eviction process in state court can resume.

Answer Applies to: Nevada
Replied: 4/30/2015

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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It depends on how quick your landlord is. They can get "relief from the automatic stay" by filing a motion. Some courts are quicker than others in granting them so there is no definitive answer. In any event, time is quite short..... I'd start packing.

Answer Applies to: California
Replied: 4/30/2015


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If your landlord already served you with a three day notice to pay rent or quit, your lease can be terminated almost immediately if the landlord goes into court and gets a motion for relief from stay. Don't count on keeping your house/apartment without paying your lease for any length of time. If you need to stay there, contact the landlord and see if he/it will allow you to stay subject to payment of rent. Otherwise, get ready to move.

Answer Applies to: California
Replied: 4/30/2015


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If you do not make some arrangements with your landlord, your lease is automatically rejected as of 60 days after you file your petition. Technically the landlord can charge you for the time you stay in the rental after the date of the petition, but most do not bother. You might want to think of the rights and wrongs of trying to use someone else's property post-filing without paying for it.

Answer Applies to: Wisconsin
Replied: 4/30/2015

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
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You wont be liable for any rent owed prior to your leaving but you are liable for rent accrued after you file

Answer Applies to: New York
Replied: 4/30/2015

Mauritz Van Niekerk, Attorneys at Law
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Only until you get A victim it, bankruptcy does not stop that

Answer Applies to: New York
Replied: 4/30/2015

Answer By Ryan Beach
The Law Offices of Ryan F. Beach, PLLC
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To get as complete an answer as possible, you should consult with a bankruptcy attorney to discuss all of the relevant facts. The time you have will depend on several factors, including whether the landlord has a judgment of possession, how far behind you are in rent now, the level of sophistication of your landlord, etc. That being said, you may have to vacate immediately or your landlord may wait to start the eviction until after your bankruptcy has completed. Discussing the relevant facts with an attorney will give you a better idea of how this will play out so that you can plan appropriately. Sections 362(l) and 362(b)(22) of the Bankruptcy Code must be read together to understand the rights and responsibilities of landlords and tenants who have filed for bankruptcy. Section 362(b)(22) provides that, unless the debtor has complied with all of the requirements in ?362(l), the filing of a bankruptcy does not operate as a stay of a residential eviction action in which a lessor has obtained a judgment for possession prior to the date a debtor filed their petition. In other words, there must be (1) circumstances under non-bankruptcy law under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment of possession, after that judgment of possession was entered, (2) debtor has deposited with the clerk of the court, any rent that would become due during the 30-day period after the filing of the petition, (3) debtor must serve a certification (included in voluntary petition). Ryan F. Beach (P71022) The Law Offices of Ryan F. Beach, P.L.L.C. 1500 East Beltline Avenue SE Suite 235 Grand Rapids, MI 49506 616.389.0629 www.ryanbeachlaw.com CONFIDENTIALITY NOTICE: The information contained in this message and any attachment(s) are for the exclusive and confidential use of the intended recipient. The information contained herein is attorney privileged, protected by the attorney work-product doctrine, confidential and/or otherwise exempt by law from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to its intended recipient, you are herewith notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you believe you have received this communication in error, please notify the sender immediately by return email and promptly delete this message and any attachment(s) from your computer system.

Answer Applies to: Michigan
Replied: 4/30/2015

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