Are you a Tenant that is considering filing Bankruptcy during a Florida Eviction? Filing bankruptcy is a tactic used by Tenants and Defendants during eviction proceedings in an attempt to delay the Florida Eviction Process. When a tenant files for bankruptcy, an automatic stay is immediately placed on all of the Tenant’s creditors. This includes a stay on the Eviction process that the Tenant is currently involved in. By filing bankruptcy, the Landlord as well as the Tenant’s other creditors must cease their collection efforts until the Bankruptcy Court allows the Landlord and the other creditors to proceed.
While bankruptcy will only suspend the Florida Eviction temporarily, the Florida Landlord has the responsibility to ask the Bankruptcy court to lift the stay. Most Bankruptcy courts will grant the Florida Landlords request to lift the stay allowing the Florida Landlord to continue with the Florida Eviction Process. Lifting the Stay usually takes a two to three weeks to complete. This will however give a Florida Tenant extra time to obtain the money they need to become current on the rent.
The Landlord does have certain protections. The Bankruptcy Abuse Prevention and Consumer Protection Act states that a Florida Eviction does not have to be stayed if a Final Judgment of Eviction was entered prior to the Florida Tenant filing for Bankruptcy.
*** Florida Landlords must be aware that Filing Bankruptcy in a Florida Eviction is different when the Tenant is a Florida Commercial Tenant as different rules apply ***
If you have any questions regarding the Florida Eviction Process or the effect of filing Bankruptcy during the Florida Eviction Process, the experienced West Palm Beach Eviction Attorneys at 954 Eviction Attorneys, PLLC are here to assist with all of your Palm Beach County Eviction and Landlord-Tenant needs. We can be reached twenty-four (24) hours a day at 954.323.2529. If you would like to meet with us in person, call our office to schedule a time at our Palm Beach County Eviction Office in Lantana, Florida or our Broward County Office in Coral Springs.