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The stress of an eviction notice can feel overwhelming, especially when you’re already struggling to keep up with bills. The fear of losing your home adds a new layer of anxiety, making it difficult to focus on finding a way forward.
At Yusufov Law Firm, PLLC, serving Tucson, Mesa, and Phoenix, we understand how urgent and frightening an eviction can be. We’ve helped Arizona residents find solutions that give them the time and legal protection they need to get back on stable financial ground. Bankruptcy is one of the most effective tools available to stop eviction in many cases, and we’re here to help you understand how it works.
This article will explain how bankruptcy can stop an eviction through the automatic stay, when it applies, and when it may not provide protection. We’ll also break down different bankruptcy options and what happens to past-due rent once a case is filed.
In Arizona, landlords must follow a legal process before they can evict a tenant. If a tenant doesn’t voluntarily leave or abandon the property, the landlord has to file a lawsuit to regain possession of the unit. Once the court grants the eviction, the landlord can have law enforcement remove the tenant.
Filing for bankruptcy can pause this process because of the automatic stay. The moment a bankruptcy case is filed, an automatic stay goes into effect, stopping most collection actions, including evictions. This means:
Timing is everything. Once a landlord has already obtained a judgment for possession, bankruptcy may not be able to stop the eviction. Acting quickly and filing before a judgment is entered can make all the difference.
While bankruptcy can be a powerful tool, there are cases where it may not prevent an eviction from moving forward.
If the landlord has already gone to court and obtained a judgment of possession, the automatic stay does not stop them from following through with the eviction. A judgment of possession is a legal ruling that gives the landlord the right to take back the property, and at that stage, bankruptcy won’t reverse the court’s decision.
If the landlord claims that you have endangered the property or engaged in illegal drug activity on the premises, they can proceed with eviction even after you file for bankruptcy. To do this, they must file a certification with the court and provide evidence of these claims. You will have an opportunity to dispute their allegations, but if the court sides with the landlord, the eviction will move forward.
These exceptions are not taken lightly. Courts require landlords to present clear proof of the allegations and tenants have the right to challenge any false claims.
The length of time an eviction is paused depends on the type of bankruptcy filed and the specifics of your case.
Chapter 7 bankruptcy provides a temporary delay, as the automatic stay usually lasts about 4 to 5 months until the case is discharged. However, the landlord can request court permission to proceed with the eviction sooner.
Chapter 7 can be helpful if you need time to find a new place to live, but it does not offer long-term protection if you want to stay in your home.
Chapter 13 can provide much longer protection if you plan to stay in your home. Under this type of bankruptcy, you may be able to catch up on past-due rent through a structured repayment plan, allowing you to keep your lease as long as you stay current on payments.
The court may require you to show proof that you can continue making future rent payments, and landlords are less likely to succeed in evicting tenants who comply with the repayment terms.
If you’re behind on rent, bankruptcy affects how that debt is handled.
With Chapter 7, back rent is typically discharged, meaning you won’t have to pay it back. However, since this is a short-term solution, you may still need to move out unless your landlord agrees to let you stay.
In Chapter 13, past-due rent is treated as a priority debt and must be included in your repayment plan. If you want to remain in your home, you will need to pay back what you owe over time.
Bankruptcy does not require a landlord to renew your lease when it expires. If you want to stay, catching up on rent and showing financial stability may help convince the landlord to renew. However, lease agreements and Arizona law still govern the landlord-tenant relationship, and bankruptcy does not create additional tenant rights.
Deciding whether bankruptcy is the best option depends on several factors. It can be a powerful tool, but it’s important to consider how it fits into your financial situation and housing needs.
Here are some key questions to consider:
Taking action quickly is the best way to use bankruptcy to stop an eviction. Filing at the right time can make all the difference in whether you get the protection you need.
If you’re facing eviction, time is critical. The sooner you act, the more options you have.
At Yusufov Law Firm, we help individuals and families throughout Tucson, Mesa, and Phoenix protect their homes and find real financial solutions. Whether you need short-term relief or a long-term plan to recover, we’re here to guide you through the process.
Call us today at (520) 745-4429 in Tucson or (480) 788-0098 in Mesa/Phoenix for a free consultation. Let’s discuss your options and create a plan that helps you regain control of your financial future.
To discuss your financial situation and learn more about your debt relief options, give us a call at (520) 745-4429 or (480) 788-0098.
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