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Bankruptcy and Unpaid Rent:
Eviction Moratorium Comes to an End
During the first few months of the coronavirus pandemic, nearly 22 million US workers were laid off. If you are reading this, then that likely includes you. With so many people without an income, the CDC issued an eviction moratorium to protect people like you from being kicked out of apartments and houses for not paying their back rent. Now that the moratorium has come to an end, what other options are available for you? Give OlsenDaines a call to see if bankruptcy would be a good fit for you—our consultations are always free!
Not only can bankruptcy help you eliminate all of your credit cards and medical debts, but bankruptcy can also help you with your back rent. You have two options in bankruptcy with regards to this unpaid rent. First, you can choose to stay in the apartment or house and pay back your landlord through smaller, monthly payments; or, second, you can choose to walk away and have the back rent completely eliminated. A third, non-bankruptcy option, if your income is low enough, allows you to request assistance form the state to pay some of the past-due rent.
I Want To Keep My Apartment, but I’m Behind on My Rent
If you wish to stay in the place you are renting, then you will need to pay back that rent you have missed. Without bankruptcy, your landlord can demand that you pay in full all of the rent that you have not paid. This can be a hefty sum of cash that you likely do not have on hand. Because you cannot fork over the money, your landlord will file an eviction suit against you to kick you out and obtain a judgment against you for whatever you still owed.
Filing for bankruptcy will halt your landlord’s eviction suit against you or prevent it from even happening in the first place. This is why it is best to call us as soon as you find out you are at risk of being evicted so that you can discuss your options with our attorneys.
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I Want To Walk Away
If you simply just want to walk away from your apartment or house but you still owe money in past rent, then bankruptcy will help you get your fresh start. Like we mentioned above, generally a landlord would be able to sue you and get a judgment against you for the amount of money that you still owe. With that judgment your landlord could take up to 25% of your paycheck until the debt is paid in full. In most cases, bankruptcy will completely eliminate this debt and your landlord won’t be able to collect anything from you.
Let one of our knowledgeable bankruptcy attorneys answer your questions. Give us a call for a free consultation.Back to Bankruptcy Attorney