Fighting Eviction During Bankruptcy

 

This area of the bankruptcy law can get extremely complex. In general most bankruptcy judges will allow a property owner to lift the automatic stay so they can evict you. Most judges simply feel that you can move elsewhere. 

Since laws vary widely from state to state only a local bankruptcy attorney who has experience with renters can adequately answer the question – is eviction worth fighting? 

In some areas you can use the argument that if you’re expected to make the payments under the chapter 13 payment plan approved by the court, you need to stay put in your more affordable digs. This argument may or may not fly in your state. 

An excellent book on tenant’s right is “Every Tenant’s Legal Guide” by Janet Portman and Marcia Steward.