What is the effect of bankruptcy on eviction proceedings?

When you file for bankruptcy, the “automatic stay” goes into effect immediately and halts nearly all collection attempts against the person filing for bankruptcy. Once your Chapter 7 or Chapter 13 bankruptcy is filed, your landlord may not proceed with an eviction attempt under certain circumstance.

However, more than likely, your landlord will file a motion to lift the automatic stay and allow him to proceed with the eviction. So while bankruptcy will likely not prevent eviction, it will prevent your landlord from collecting any back rent that you owed. This amount will be discharged upon the completion of the bankruptcy proceeding because it is an unsecured debt.

It is important not to file bankruptcy just to prevent an eviction from occurring. If the court finds that you have, they can dismiss the bankruptcy and impose legal and monetary sanctions on you.