Is It Sensible to File for Chapter 13 Bankruptcy to Save Oneself from an Eviction?

  • Chapter 13 Bankruptcy

Is It Sensible to File for Chapter 13 Bankruptcy to Save Oneself from an Eviction?

Call: 888-297-6203

Imagine, you have not paid the rent to your landlord since past few months, and now your landlord wants to evict you from his property. When the landlord handed you the eviction notice, you offered to pay the late rent (you just got it from a friend who owed it to you), but he asked you to pay an extra $900 to cover the lawyer’s fee, too. According to you, the lawyer didn’t do any work, so you refused to pay that extra amount. Now, in order to stop the landlord from going ahead with the eviction trial, you’ve filed for a Chapter 13 bankruptcy. Will that stop your eviction?

Going ahead with a Chapter 13 bankruptcy, in this case, can force reinstatement of the defaulted lease, but the disadvantage is that you’ll have to pay the complete amount which you owe to the landlord, along with his and your court costs.

Another drawback of filing for Chapter 13 bankruptcy can be that you won’t be allowed to represent yourself in the court. There are less than 1% chances of getting a Chapter 13 bankruptcy approved without an attorney, even if a bankruptcy petition preparer gives you self-help services. Thus, it will be important for you to hire an attorney for yourself which can be really expensive, as most of the bankruptcy lawyers charge around $4,000 for a Chapter 13 bankruptcy case.

The best way to come out of such a situation will be to make peace with the landlord outside the bankruptcy court. It will be comparatively easier for you to convince the landlord, as he’ll be aware that it’ll be almost impossible for him to get any money from you after the eviction. Also, the landlord will also lose added money in the search for a new tenant.

Is It Possible to Discharge a Previously Discharged Chapter 7 Bankruptcy Debt in Chapter 13 Bankruptcy?

Yes, you can discharge your debt in a Chapter 13 bankruptcy, only if you file for it more than four years after the date, on which you had previously filed for a Chapter 7 bankruptcy for the same debt. In case you filed for Chapter 13 bankruptcy in less than four years, you won’t be able to get a discharge. However, you can file for Chapter 13 bankruptcy for the same debt, if you want to, and make payments for it under a repayment plan.

Landing in such a type of situation can be extremely dangerous and thus, it’s necessary to take legal advice from competent attorneys, which you can easily find at You can also contact them at 888-297-6203.