Q

If I am in the process of being evicted, will a chapter 7 bankruptcy petition stop the eviction?

A

The filing of a chapter 7 bankruptcy petition to stop an otherwise rightful eviction is not recommended. The landlord is entitled to possession of his property. Chances are, within days of learning of the chapter 7 bankruptcy case, the landlord will file a motion for relief from the automatic stay and request that the matter be heard on shortened notice. In such a case, you will likely gain little more than an additional couple of weeks in the premises. Additionally, the filing a Chapter 7 bankruptcy case for the sole purpose of avoiding an eviction constitutes an abuse of the bankruptcy process and may result in the dismissal of your bankruptcy case.