Friday, December 27, 2019

Is Back Rent Dischargeable In Bankruptcy?


It can be expensive to live in the state of Georgia, and rent can represent a large part of an individual’s total income. Many people who file for bankruptcy are behind on their rent, and sometimes on the verge of eviction. The good news is your back rent can be dischargeable in a personal bankruptcy just like any unsecured debt such as credit card debt or medical bills. Filing bankruptcy will stop your landlord from trying to evict you (if you file in time), and give you some time to get your finances in order. Your options vary depending if you file a Chapter 7 bankruptcy or a Chapter 13 bankruptcy.



Filing Bankruptcy Can Stay an Eviction

Filing bankruptcy can put a stop to eviction actions, and that stay can be a contributing factor in the decision to file bankruptcy. It’s important to speak with your Georgia bankruptcy attorney before you are too far behind, because if you wait too long to file a bankruptcy petition, you may not be able to stop an eviction.

If a court has already issued a writ of eviction, it’s likely too late for an automatic stay to be of any help, so bankruptcy would not be able to stop your eviction in that case. The bankruptcy court could determine that the eviction process has already been completed and you must vacate your home. However, if you file for bankruptcy before there is a final order of eviction, you should be able to get an automatic stay and stop the eviction. Your bankruptcy attorney can help you decide on the best course of action.

King & King Can Help You File Bankruptcy And Stop Eviction

Bankruptcy and eviction is a tricky topic, and it’s best to rely on an attorney’s advice.  If you think at some point it’s possible that you will need to file either a Chapter 7 or a Chapter 13 bankruptcy, contact a bankruptcy attorney at King & King sooner rather than later. We can outline your bankruptcy options that will put you on a path to a brighter financial future. Call us at 404-524-6400 for a free consultation today.