Can past rent be included in bankruptcy?

Can past rent be included in bankruptcy?

Back rent is treated like unsecured debt in bankruptcy. Just like medical bills, credit card debt, and personal loans, you can include your back rent in your bankruptcy. The only way that you will still have to pay your rent or back rent is if your landlord files a motion for automatic stay relief.

What is a consequence of violating the automatic stay?

Attempts to repossess property, suits in court and other actions taken in violation of the automatic stay are generally void. In other words, they are given no legal effect. For example, normally, when a person defaults on a car loan, the lender may repossess the car.

How does a tenant bankruptcy affect a landlord’s right to?

The landlord can now evict a tenant, regardless of an automatic stay, if the landlord had a court-ordered judgment for possession prior to the tenant filing for bankruptcy. The landlord, therefore, can ignore the automatic stay.

What happens to my lease if I file bankruptcy?

The bankruptcy doesn’t automatically void your existing lease agreement. If you are up-to-date on your rent payments, you may continue your lease agreement for the duration of your written contract regardless of your bankruptcy status. Renters behind on rent might face eviction.

Can you rent an apartment after filing bankruptcy?

Renting After Bankruptcy Most apartments require both rental history and credit checks before agreeing to rent an apartment. Many apartment complexes won’t be willing to rent to you if you’ve filed for bankruptcy up to two years beforehand, so you can expect it to be somewhat difficult to obtain housing during this period.

How long does it take for a tenant to file bankruptcy?

The tenant has 30 days from filing the certification to pay the amount owed. If the tenant cures the default, the tenant must file a second certification with the bankruptcy court and serve the landlord. A landlord can object to either certification, and the bankruptcy court will hold a hearing within ten days of the objection.

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