Bankruptcy is a trying time. The last thing you need to face while dealing with financial issues is the prospect of losing your residence. Bankruptcy is an emotional drain in itself; the prospect of facing it while losing your home is downright unfair. Fortunately, Ohio law provides certain methods you can use to avoid being evicted during bankruptcy. This is known as having your eviction “stayed.” In order to evict you, your landlord has to petition a court. Depending on your circumstances, you can get a stay on your bankruptcy whether or not you’ve filed for it before the court issued an eviction order. The steps you have to follow, however, are different depending on when your landlord has their petition granted.
An experienced lawyer can keep you from feeling overwhelmed by your bankruptcy case. For any assistance with your Ohio bankruptcy proceedings, talk to Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA. A declaration of bankruptcy does not have to mean the end of the world. There are many cases in which positive steps can be taken. Reach out online, or call us at (419) 625-7770, to speak with attorney Adrienne Hines, a skilled bankruptcy lawyer, today.
Filing For Bankruptcy Before Eviction Results In An Automatic Stay
If you have filed for bankruptcy before your landlords gets the court order for eviction, an automatic stay should be placed on your proceedings. This will prevent your landlord from issuing you an eviction notice. That’s not to say that there’s no way you can be evicted once you’ve filed for bankruptcy. Landlords have the right to petition the court to remove the stay. If this happens, you’ll have to attend a hearing. At this hearing, the creditor will have the burden of proving the benefit of lifting your stay.
If You File for Bankruptcy After An Eviction Notice, You’ll Have to Go Through Additional Procedures
Before 2005, filing for bankruptcy at any time during an eviction would result in a stay being placed on your eviction proceedings. The Bankruptcy Abuse Prevention and Consumer Protection Act changed this. Under the new law, if the court grants your landlord a judgment for possession before you file for bankruptcy, the landlord can ignore the stay. If the eviction was for not paying rent, certain states provide an exception to this rule. Ohio is one such state; under Ohio law you may remain in your home if you “cure” your rent. Essentially this refers to bringing your rent payments up to date. To cure your rent, you must:
- File a certification. You’ll need to file a signed statement with the bankruptcy court swearing that your state’s laws allow you to remain in your home and cure your rent.
- Deposit a rent check with the court. You’ll have to give the bankruptcy court a check for the amount of rent that will be due in the 30 days after you file.
- Serve your landlord. You must present your landlord with a copy of the certification.
Once Your Certification Is Filed, You Still Have to Pay Your Rent
Even if you don’t have to leave your home while you cure your rent, you still have to pay the amount you owe. You have 30 days from the filing of your certification to pay your outstanding balance. Once you’ve cured your debt, you will need to file a second certification with the bankruptcy court and your landlord. At either filing, the landlord may object, which will result in a hearing.
You May Be Evicted Despite Bankruptcy If You Engaged in Illegal or Unsafe Behavior
If the reason for your eviction was drug use or endangerment of the property, the landlord can ignore any stays without the permission of the bankruptcy court. All they have to do is file a certification stating the reason for your eviction was drugs or dangerous behavior. This remains true even if the landlord filed for your eviction after you filed for bankruptcy. In that case, the certification must state that you were using drugs or endangering the property in the last 30 days.
Talk To An Attorney About Your Bankruptcy Today
Bankruptcy attorney Adrienne Hines can help you see options you didn’t know you had during your bankruptcy case. The lawyers at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA can analyze your situation, and identify the best possible outcomes the law allows. Schedule your appointment with an Ohio lawyer today at (419) 625-7770, or via our online form.