How to Use Bankruptcy to Stop an Eviction

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.

How Does Bankruptcy Stop an Eviction?

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:

• A landlord cannot sue you for past-due rent or file an eviction lawsuit while the stay is in place.
• If an eviction lawsuit has already been filed, but no judgment has been issued, the case is paused.
• If the eviction process has not yet begun, bankruptcy can prevent it from moving forward.

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.

Situations Where Bankruptcy Will Not Stop an Eviction

While bankruptcy can be a powerful tool, there are cases where it may not prevent an eviction from moving forward.

Judgment of Possession

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.

Endangering Property or Illegal Drug Use

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.

How Long Will Bankruptcy Stop an Eviction?

The length of time an eviction is paused depends on the type of bankruptcy filed and the specifics of your case.

Chapter 7 Bankruptcy

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 Bankruptcy

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.

What Happens to Back Rent After Bankruptcy is Filed?

If you’re behind on rent, bankruptcy affects how that debt is handled.

Chapter 7 Bankruptcy

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.

Chapter 13 Bankruptcy

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.

Lease Renewal and Bankruptcy

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.

Is Bankruptcy the Right Solution to Stop My Eviction?

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:

• Can you afford future rent? If not, finding a more affordable place may be the better option.
• Has your lease expired? If it has, bankruptcy won’t force a landlord to renew it.
• How long is left on your lease? The longer the lease, the more benefits bankruptcy may provide.
• Do you have other debts? If so, bankruptcy may offer broader financial relief.
• Do you need a short-term delay or long-term protection? Chapter 7 provides a temporary pause while Chapter 13 helps with long-term stability.

How to Stop an Eviction Through Bankruptcy

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.

• File bankruptcy before the landlord obtains a judgment of possession. This is crucial if you want the automatic stay to work in your favor.
• If you plan to stay, file before the eviction lawsuit is filed. This may help avoid paying the landlord’s legal fees.
• Consult with an attorney early. In many cases, a demand letter from a bankruptcy attorney can halt eviction proceedings before they even start.

Taking the Next Step: Protecting Your Home

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.