bankruptcy and past due rent
I’m behind on one months rent and about to file bankruptcy does anyone know how the new bankruptcy laws affect me including the one months rent?
Any debt collection stops the second you file bankruptcy papers with the court house. I believe that includes any eviction notices, too. Talk to your attorney about it ASAP! But is it worth to file bankruptcy that may stay in your record for 7 years while a eviction lawsuit could be resolved n hided from public record if you resolve it within 45-day of the lawsuit? Also if you have not much assets, why you need to file BK ?
Debt Collection stops but if you include something like rent then you either have to re affirm on the rent and pay the rent you owe past due and other wise or vacate the premises. You cant continue to live there and not pay rent. Filing BK does’nt mean you get to skate on your day to day living expenses which includes rent and utilities. You might be able to get out of a past due amount that you owe for one of those things but in the case of rent if you do that then the landlord is going to kick you to the curb. Its not a free ride.
I don’t think a “free ride” is what he/she is looking for..just a little advice and support. Sorry, you’re reply sounded harsh to me. I was always under the impression that you need to be served properly, and a judgement must be entered in court for them to touch your wages! I would fight this.
Right no free ride just a little advice thank you but when u post you can expect some smart replys, maybe the person who made the comment abt free ride is only in this group to be a smart azz and maybe they’ve never been hit with a financial difficulty so to that person dnt respond if you dnt have any advice and keep all negative responses to yourself.
Exactly. That’s not what I meant (I worded it wrong). Any further legal collection activity – like eviction – will stop immediately. You still have to pay rent and utilities. Hubby and I have been through a bankruptcy.
I sincerely hope that comment was not directed at my post. I clarified that I was not advocating a “free ride.” I only stated that I believed the eviction process would stop as soon as bankruptcy was filed. You still have to pay rent and utilities.
You have absolutely no idea what my financial picture has been like so it’s well advised that you keep your rude comments to yourself. During the first year my husband and I were married, my Mom passed away, we moved cross-country three times, lost a baby, hubby was in an accident and had to have major surgery (while I was nursing a broken ankle) and he was out of work for about ten months. We did end up filing bankruptcy. That was 13 years ago but the lessons learned are still there.
Maybe you need to grow up a little. My reply was’nt meant to be harsh I wanted to make it clear so there was no confusion because the first poster worded things where I thought maybe someone might think that the rent could be included even temporarily. I did’nt want the person asking to think that that past due amount of rent could be included in the BK. It can be.. but then you will be evicted so I think it would be top priority to settle up with the landlord first and add everything else that can be included into the BK..that way there’s a roof over your head?