When a tenant is unable to keep up with rent payments, he/she may be served with a complaint from his/her landlord. If the tenant immediately files for bankruptcy, however, he/she can stave off an eviction with an automatic stay. The stay begins the moment the bankruptcy petition is filed, making it illegal for the landlord to proceed with the eviction (barring an exception from the judge) until the court has made a ruling about your bankruptcy claim. That extra time can be critical for a debtor and his/her family.
On the other hand, if a landlord obtains a judgment of possession before a debtor files for bankruptcy, the automatic stay is not nearly as effective. But even in that case, U.S.C. Title 11 ensures that a debtor can delay an eviction for up to 30 days, simply by paying the court the rent that's due for that 30-day period. If the debtor is also able to cure the entire rent arrears during that 30-day period, the eviction can be stopped entirely. If not, the landlord can proceed with the eviction as soon as the 30-day automatic stay expires. This doesn't give the debtor a lot of time to prepare, but it's better than no time at all.
If you're ready to take back control of your finances, call 301-589-4597 or email me at firstname.lastname@example.org to discuss your options. I offer free consultations to those enduring severe financial strain in Maryland and Washington D.C., including areas around Baltimore, Bethesda, Silver Spring, Gaithersburg, Rockville, Wheaton, Upper Marlboro, Bowie, College Park, Laurel, Frederick, Hagerstown, Hyattsville, Salisbury, Towson and Glen Burnie. Let me help you make a new start today.