Having a House
One of the most valuable assets of the bankruptcy procedure is the ability to halt the foreclosure process. After you file for bankruptcy, the automatic stay order will suspend the foreclosure process and prohibit any collection efforts pending resolution of your debts. This means that if you were served an eviction notice prior to filing for bankruptcy, you may be able to remain in your residence during the bankruptcy process. This is dependent on the date listed on your eviction notice. Once the foreclosure procedure has been initiated, you will typically be given 30 days to vacate the property. If you can apply for bankruptcy prior to the eviction date, you will be safe for the time being. However, if you submit after the eviction date, it is likely that the authorities will evict you and your belongings.
Leasing A House
Both the eviction and bankruptcy processes can be complicated by renting a home. If you are a renter of a foreclosed property, you may receive short notice of the impending foreclosure. Depending on your landlord's communication, you may be given only 24 hours' notice to vacate the premises. In this circumstance, filing for bankruptcy would not stop the eviction process.
Your landlord retains the right to notify you of an impending eviction if you receive an eviction notice due to delinquent rent payments. The quantity of notice your landlord is required to provide prior to an eviction varies from state to state. You could have between 24 hours and 30 days. If you are able to file for bankruptcy prior to the eviction date, you may be able to stop an eviction.
Note that declaring bankruptcy is not a guarantee. Your landlord must acquire a court order in order to proceed with eviction. If your landlord obtained a court order prior to your filing, you will still be evicted unless your attorney can persuade the court to rescind the order. If you want the best possible chance of avoiding eviction, you must file for bankruptcy before your landlord obtains a court order.""
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