I live in section 8 housing. I have been served a 14 day notice in the past and do have a court agreement with the landlords to pay back rent. If I file for bankruptcy do I have to pay that money back? Do I have to pay rent while going through bankruptcy? Can I stay where I live?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
Disclaimer
The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Bankruptcy and eviction
Bankruptcy, with some exceptions, will discharge prior debts, including past rent due. However, it is not a ticket to live rent free. While the landlord may not be able to collect past due rent after a bankruptcy discharge, he can evict you if you fail to pay rent. There are a couple of scenarios, and this answer assumes you are not filing for bankruptcy protection for the sole purpose of stopping an eviction, a definite no-no.
If you you have fallen behind on your rent and the landlord is attempting to evict you, if you file for bankruptcy protection before your landlord has obtained a court order for possession of the rental unit, the automatic stay will stop the eviction proceedings, but only temporarily. In this situation, the landlord can file a motion to allow the automatic stay to be lifted, so he can proceed with eviction.
If you file AFTER the landlord has already obtained a judgment and an order for possession then the automatic stay does not prevent the landlord from getting the constable to complete the eviction.
Given the above, if you wish to remain in the unit, I would say your best option is to continue making the payments per your agreement with the landlord and continue to pay your rent as it becomes due.