When your debt accumulates to the point where you are at risk of losing your housing, this can be an incredibly nerve-wracking and troublesome time. As such,if you are facing eviction, you may be wondering what steps you can take to slow this process down while regaining control of your finances. If this reflects your circumstances, it’s critical to understand that bankruptcy may be able to help. Keep reading to learn more about your rights during this process, as well as the importance of working with Franklin County bankruptcy lawyers to help you explore your legal options during these difficult times.
What Are My Rights Regarding Evictions in Columbus?
First and foremost, it’s important to understand the laws in place regarding eviction. Typically, you can be evicted for any number of reasons under the Ohio Revised Code, but most commonly, this action occurs as a result of missed payments or violations of your lease agreement. If you are to be evicted, your landlord must first provide you with a Notice to Lease the Premises. Essentially, this is a letter informing you that if you fail to remedy the issue, whether it’s to comply with the lease or make missing payments, they will begin eviction proceedings.
If you do not comply with the notice, your landlord can approach the court and file a petition to initiate the eviction process. A court hearing will be set, and both you and the landlord will have the opportunity to present your case. If the court sides the the landlord, you will be required to vacate the premises by a certain date.
If I File for Bankruptcy, Can This Pause an Eviction?
When you file for bankruptcy, you’ll find that you will be granted an automatic stay. This essentially stops all collection efforts against you, including wage garnishment, contact from debt collectors, lawsuits, and even foreclosures. As such, if you file, this can temporarily stop eviction proceedings. This is because your landlord will technically be considered a creditor in these matters, and as such, they are subject to the same rules as other creditors.
However, if your landlord has already received a judgment of possession from the court, filing for bankruptcy will not stop this process. This is because they had the court order prior to your filing. However, if you file before they receive this order, bankruptcy can help halt this process.
You should note that the type of bankruptcy you file can also impact how beneficial this process is for those looking at eviction. Typically, if you feel Chapter 7, this process only lasts around six months. As such, you’ll find that it can be difficult to catch up on payments to help ensure you are back on track, as your assets will be liquidated to repay creditors. However, filing Chapter 13 may be more beneficial, as this automatic stay will last for three or five years, and allows you to catch up on missed payments to prevent eviction from resuming following the conclusion of your case.
Facing eviction can be incredibly scary. However, filing for bankruptcy can be incredibly beneficial. If you’re considering this option, it’s in your best interest to connect with an experienced bankruptcy attorney with Cousino & Weinzimmer LLC. We understand how difficult these matters can be to navigate, which is why we will do everything possible to help you reap the benefits and protect your financial future. Connect with our firm today to learn more.
