How Bankruptcy Can Help With Eviction in Ohio

Filing bankruptcy will give you protection under the Federal government.  As soon as your bankruptcy petition is filed, there will be an “automatic stay” set in place.  The automatic stay will prevent creditors from beginning or continuing a lawsuit against you.  The automatic stay will essentially stop any and all creditor collection efforts against you.  Filing bankruptcy can help if an eviction is filed against you.

Filing Bankruptcy Before Eviction Judgment

If you are behind in rent and the landlord has not received a judgment against you for possession, you can stall the eviction process by filing bankruptcy. The landlord cannot evict you without filing the proper paperwork with the court and obtaining the Bankruptcy Court’s permission to begin the eviction.  The landlord will have to request that the Bankruptcy Court lift the automatic stay.  Chances are that the Bankruptcy Court will grant the request if you are behind in your rent, but it is up to the landlord to file the necessary paperwork.

 Filing Bankruptcy After Eviction Judgment

If the landlord has obtained a judgment for possession before you file bankruptcy, the landlord can proceed with the eviction without the permission of the bankruptcy court unless successfully challenged in eviction court.  It is best to file the bankruptcy before the judgment for possession is entered.

Can I Eliminate the Debt Owed From an Eviction by Filing Bankruptcy?

Yes, you can eliminate the debt owed from an eviction by filing bankruptcy.  Filing bankruptcy will eliminate most of your debts such as evictions, credit cards, medical bills, personal loans, utility bills, repossessed vehicles, foreclosed homes, and items sent to third-party collections.

Bankruptcy Can Help You Get Approved For an Apartment

If you have lingering debts owed to previous landlords, you may have a hard time getting approved for an apartment.  Many times the apartment complex will not approve your application unless the past due balances are paid in full to previous landlords.  The amount of money owed to previous landlords may be unreasonable.  Filing bankruptcy will eliminate debts owed to previous landlords and will also eliminate most other debts that you may have.  Eliminating the debts owed to previous landlords will help your application get approved.

Types of Bankruptcy

  • Chapter 7
  • Chapter 13
  • Individual Bankruptcy Filing (Filing Bankruptcy By Yourself)
  • Joint Bankruptcy Filing (Filing Bankruptcy With Your Spouse)

The Law Office of M. Sean Cydrus Can Help!

The friendly Law Office of M. Sean Cydrus can help you craft a plan to rebuild your financial future. We understand the stress of financial worry. We use a personal approach to solving your financial challenges and are here to help you through this difficult time. We pride ourselves on the ability to provide our legal expertise with compassion and understanding. We ensure that your rights are protected and that someone is looking out for your best interest. We can meet with you at our conveniently located offices in Columbus and Chillicothe. Call today for a free consultation. Help is one phone call away!