When you file for bankruptcy protection, certain federal and state laws determine whether a landlord has the right to evict you. Specific factors requiring your attention include the timing of the bankruptcy filing and any eviction proceedings taking place.
Will bankruptcy stop eviction in Georgia?
During a bankruptcy proceeding you cannot be evicted as an automatic stay goes into effect. This will prevent a landlord from taking actions such as removing your belongings or changing the locks.
The following are a few scenarios that impact the outcome:
If you file bankruptcy after the eviction judgment:
Landlords may evict a tenant under the Bankruptcy Abuse Prevention and Consumer Protection Act if the landlord issued a court-ordered judgment before the tenant filed for bankruptcy. Under Georgia law, the automatic stay against creditors does not apply to eviction proceedings if the tenant is able to pay rent to “cure” the eviction. However, this usually will not stop the eviction, as tenants typically only are able to do this within a week of getting the notice of eviction.
If you file bankruptcy before the eviction judgment:
Landlords are not allowed to proceed as usual with an eviction if the tenant has already filed for bankruptcy. Instead, they must go through federal bankruptcy courts to lift the automatic stay if they hope to continue with the proceedings. Judges will usually consent, as lease agreements do not have an impact on the overall value of a tenant’s estate.
If you are behind on rent:
Under Georgia law, landlords are allowed to refuse late payments to cure evictions if the tenant had already received an eviction notice within the previous year.
If you are not behind on rent or violating your lease:
If you have followed all of the terms of your lease and have paid your rent on time, your bankruptcy will not affect your tenancy. The process of an eviction in Georgia is very structured requiring your landlord to file with the court. It may take many weeks to get approved after which an officer will show up to ensure you vacate the premises. At this point, there is nothing you can do to stop it. So it is always best to take steps to resolve the issue before it reaches this stage.
To learn more about evictions related to your bankruptcy, contact the skilled Georgia bankruptcy attorneys at Jeff Field & Associates online or at 404-381-1278.
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