How Chapter 13 Bankruptcy Can Save You From Apartment Eviction

By Brenner Spiller & Archer | July 20, 2021

Struggling to make your rent payments? If so, you’re probably on edge anticipating an eviction. However, if you’re considering filing for Chapter 13 bankruptcy, it may protect you from getting kicked out of your apartment.

In the state of New Jersey, a tenant can only be evicted if the landlord obtains a Judgment for Possession. But filing for Chapter 13 bankruptcy protection will stop a Judgement for Possession immediately, thanks to The Automatic Stay provision.

How Filing a Chapter 13 Bankruptcy Can Save Your Apartment

Normally, The Automatic Stay is used to stop creditors from trying to collect debts and prevents them from pursuing legal action against you. It can also halt foreclosure and repossession proceedings, which can include apartment eviction.

In other words, filing for Chapter 13 bankruptcy can help you get out of debt and keep your apartment. The process has its share of intricacies and an attorney can help guide you through the process, but here’s a general overview of how it works:

• If you file for Chapter 13 bankruptcy before the Judgment for Possession is entered, you can keep living in your rental apartment while paying back any missed payments.
• Even if a Judgment for Possession has been entered, it still might be possible to stay in your apartment by filing for Chapter 13 bankruptcy. Contact us today to learn more!
• Past-due apartment rental payments can be discharged through Chapter 13 bankruptcy.

Beyond saving your home, Chapter 13 can help relieve your financial burdens and protect your short-term and long-term finances. If this sounds like an option you want to take, you need to be fully prepared before filing. A qualified New Jersey bankruptcy lawyer can help you through this tough time.

Contact an Experienced Chapter 13 Bankruptcy Attorney Now!

At Brenner Spiller & Archer, we provide friendly, caring, and affordable legal services. We serve clients throughout central and south Jersey with offices in West Berlin, Mount Holly, Vineland, and Freehold. If you need an experienced bankruptcy attorney, call 856.963.5000 right now to schedule your free consultation with one of our skilled lawyers.