Can Filing Bankruptcy Stop an Eviction in Nevada?
Cases For Bankruptcy As a Good Eviction Solution
If you are a renter looking for solutions to eviction, filing bankruptcy may be an option. Although filing bankruptcy may not be the best solution for everyone, it can effectively stop bankruptcy proceedings in many situations.
How Does Bankruptcy Stop Eviction In Nevada?
Nevada requires that a residential landlord file an eviction lawsuit in court, unless the renter voluntarily leaves or surrenders the premises. If you are looking for a way to halt the eviction process, Reno chapter 7 bankruptcy may be a way to help because an automatic stay will immediately go into effect. This prevents any actions to collect on your debts and prevents most legal proceedings. Once you’ve filed bankruptcy, your residential landlord cannot sue you for past due rent and cannot file an eviction lawsuit against you. Additionally, if an eviction lawsuit was already filed before you filed bankruptcy, the automatic stay will stop the lawsuit.
When Does Bankruptcy Not Stop an Eviction
There are two circumstances in which filing bankruptcy will not stop the eviction process. The first is when the landlord had already obtained a judgment for possession of property before the bankruptcy was filed. This document legally entitles the landlord to take possession of their property; filing bankruptcy after the landlord receives this legal document will not stop the eviction process.
A second situation in which filing bankruptcy will not stop the eviction process is when the landlord claims that you are endangering the property or using illegal drugs on the premises. However, the landlord is required to file a sworn certification with the court that they are telling the truth about these allegations. If you disagree with the allegations, you can dispute the landlord’s right to evict you under this exemption. Because this situation can become complicated, it’s best to work with an experienced Reno bankruptcy law office who can help you navigate the situation and help you determine the best legal options.
How Long Does Bankruptcy Stop Eviction?
If you file for Chapter 7 bankruptcy, the automatic stay on eviction will end as soon as you get your discharge. This is typically 4-5 months after filing. The landlord may ask the court for permission to evict you sooner, and the court may grant that request. Filing Reno Chapter 7 bankruptcy can delay an eviction from a few weeks to a few months, which may be long enough if you just need a little time to find a new place to live.
If you are seeking to stop eviction for a longer period of time, Reno Chapter 13 bankruptcy may be a better solution. You’ll be able to stop the eviction for the remainder of the lease term, as long as you comply with the rental agreement and pay rent as agreed upon in the terms of your bankruptcy.
What About Back Rent Payments After Bankruptcy?
If you file a Chapter 7 bankruptcy, you will not need to pay back rent, as the debts will be discharged by the trustee during the bankruptcy proceedings. If you file Chapter 13 bankruptcy and request to stay in your rental, you will need to pay the back rent. However, in many situations, you’ll be given several months or even years to catch up on the bank rent, as determined by your bankruptcy plan.
Can I Renew My Lease After Filing Bankruptcy?
In this situation, the landlord is not required to renew your lease. If you file bankruptcy and then your lease expires, the landlord may choose not to renew your lease, and then you will be required to vacate the property even if you are up to date on your rental payments. Consult with your Reno bankruptcy attorney to learn more.
Is Bankruptcy The Right Solution For Me?
There are many factors that go into determining whether filing bankruptcy is the best solution for you. Filing Chapter 7 bankruptcy will temporarily stop the eviction process, giving some time to find a new place to live. If you file Chapter 13 bankruptcy, you may be able to stay in your rental long-term. If you are facing an eviction and are wondering whether bankruptcy is the right solution, it’s important to consult with a trusted Reno bankruptcy lawyer to discuss your options.
Experienced Bankruptcy Law Firm In Reno
If you are facing eviction and wondering what to do next, consult with the trusted team at Zero Down Bankruptcy Lawyers of Reno. Our experienced attorneys will take time to listen to your situation and help you understand all of your legal options. We will be by your side from start to finish, and don’t require any payment until after your bankruptcy has been settled. Schedule your free, no obligation consultation with us today!