If you find yourself falling behind on your rent, you may make continual promises to yourself (and your landlord) that you will pay the rent in a timely fashion. However, you may find your electric shut off due to non-payment and need to decide whether to pay the electric or pay your rent. Paying the electric causes you to fall even further behind in your rent and before you know it, your landlord threatens to file for eviction. Struggling to make ends meet is a difficult endeavor for anyone involved, but what are you expected to do now that your landlord has filed for eviction, you do not have the money to pay the rent, and you are faced with having to find a new place to live?
If you find yourself in the situation where eviction becomes a real possibility, it is always advisable to first try talking to your Landlord. While it may seem a difficult task to undertake, you may find yourself able to work something out with the landlord. For the landlord to file an eviction, they need to pay the associated court fees and are out the money from lost rent after all is said and done. If you are having problems with paying your rent on time every month, or fall a month or two behind, having a candid conversation with your landlord may bring about some type of re-payment plan or compromise on the payment of rent. Believe it or not, most landlords would rather have a tenant who is upfront and honest when it comes to difficulty in paying the rent, rather than having to go through with the hassle of filing for an eviction with the courts.
However, if you have attempted the conversation and your landlord is still unwilling to budge or offer you any viable solutions, filing a Chapter 7 or Chapter 13 Bankruptcy may be your best and most viable solution for buying yourself some time in your home. In some cases, filing for Bankruptcy may be able to stop the eviction proceedings but only if you stay on top of everything and file when the time is right. Once you file for Bankruptcy, the Court issues an automatic stay that freezes any eviction proceedings. The automatic stay also prevents any other creditors from attempting to collect debts, and allows vital utilities such as the electric, gas, and water to stay on in your home.
The key with receiving an automatic stay is that you need to file for Bankruptcy before the Landlord receives the Judgement of Possession. We understand that in stressful situations such as evictions, sometimes it is easier to simply ignore the letters, phone calls, and other unpleasant actions associated with evictions, but when it comes to something as crucial as saving your home, acting swiftly makes the difference between being able to stay in your home and the need to move on to another home.
If you are ready to consider filing for Bankruptcy to stop an eviction, consulting with a highly skilled Bankruptcy attorney in Chicago, Tinley Park, Joliet, Oak Brook, Schaumburg, or Park Ridge can help you understand what your options may be. Working with an Attorney can help you determine which Bankruptcy option is the best for your personal situation, and how it will affect your financial future. Evictions are scary and overwhelming for many, but having the knowledge of a skilled attorney on your side can make the process just a little less overwhelming and will help the entire process run smoothly.