Compassionate Legal Care
McDonough Eviction Attorney
Experienced and Trustworthy Legal Guidance to Help You Stay in Your Home
If you are facing eviction, contact an experienced attorney to help you take swift legal action to rebuild your financial health and combat these proceedings. When you are already juggling mounting debt and financial distress, it can be difficult to add another complication like eviction to your list of worries. Attorney Lisa M. Roberts, P.C. can step in and provide trustworthy legal support to help you through your eviction troubles. One effective way to stop an eviction proceeding is to file for bankruptcy. Attorney Roberts is highly skilled in bankruptcy proceedings and can guide you toward financial freedom and get you back on your feet.
Schedule a free consultation with Attorney Lisa M. Roberts, P.C. to get started. Representing clients throughout Macon.
Filing for Bankruptcy to Pause an Eviction
An eviction case begins when a landlord files an eviction case against you in court. It is possible to fight the eviction, however, if you file for bankruptcy before the landlord obtains an eviction judgment from the judge. When you file for bankruptcy, an “automatic stay” will be put into place that temporarily blocks creditors from pursuing collection actions, including eviction.
While the automatic stay of bankruptcy is not permanent, it can buy you time to negotiate an alternative agreement with your landlord to stay in your home or allow you more time to erase qualifying debt so you can save more income toward your housing costs. Bankruptcy is limited in its ability to combat eviction, but it is critical to help you get some more time to gather your finances and build a case for combatting the eviction entirely.
Challenges to the Automatic Stay
It is possible for the landlord to fight the stay and proceed with eviction by filing a motion to lift the automatic stay. The court may grant this request unless you provide a compelling reason for the eviction not to take place.
Additionally, if a landlord shows reason to believe that you’re using illegal substances on the property or that the property is otherwise in danger, the bankruptcy will be unlikely to stop the eviction. In order to do this, the landlord must file a certificate with the court alleging illegal drugs on the property within the last 30 days, after which you have 15 days to file a response and present your case in a hearing 10 days later.
Catching Up on Rent to Clear an Eviction
In some cases, you may be able to clear an eviction by filing for bankruptcy after the landlord obtains an eviction judgment. In order to do this, you must file a certification with the court indicating that the state allows you to cure your default after the landlord has received their eviction judgment. You should then serve a copy of this to your landlord and deposit the amount of rent that will be due within 30 days after filing for bankruptcy. Within those 30 days, you should pay all your rent arrears and then file a certificate with the court that declares you’ve caught up on all your rent. At this point, your rent will be current, so your landlord will not need to proceed with the eviction.
Eviction is a tough hurdle to overcome, but it is nonetheless surmountable with the help of an experienced lawyer. While you focus on getting your immediate finances in order, Attorney Lisa M. Roberts, P.C. can help you fight eviction. After all, it will become even harder for you to meet your financial obligations when you are now losing a place of residence.
There are a few different ways to halt an eviction case against you, but Attorney Roberts can help you pursue immediate relief from eviction in the form of a bankruptcy filing. You deserve a trustworthy and friendly lawyer who has the experience and skill to guide you out of hard financial times. Don’t risk eviction without putting up a tough legal fight.
Schedule a free consultation with Attorney Lisa M. Roberts, P.C. to learn more about your legal options in your Macon eviction case today.