Thinking about Filing Bankruptcy Florida Eviction? One mechanism defendants are using to stall Florida Residential Eviction proceedings is by filing for Chapter 7 or Chapter 13 Bankruptcy. When you file for Bankruptcy, an automatic stay is usually placed on all your creditors, including a Florida Landlord trying to Evict you from the property. This means your Florida Landlord, and any other creditors have to stop their collection efforts until the Bankruptcy court gives the Florida Landlord permission to proceed by lifting the stay.
In most cases, the Florida Eviction will be stalled only temporarily. It is up your Florida Landlord to ask the Bankruptcy court to lift the stay, and in most cases the Bankruptcy court will grant the Florida Landlords request to lift the stay and allow the Florida Landlord to proceed with the Florida Eviction. This process usually takes a couple weeks to complete, potentially giving a Florida Tenant some extra time to get some money together and pay the rent that is owed.
It is important to note that according to the Bankruptcy Abuse Prevention and Consumer Protection Act, the Florida Eviction does not have to be stayed if the Florida Landlord has obtained a Final Judgment for Possession of the Florida Property prior to the Florida Tenant filing for Bankruptcy. This means that even though the Florida Tenant filed Bankruptcy, if the Florida Landlord has already received a Final Judgement for Possession in case, the Florida Landlord can continue the Florida Eviction and have the Sheriff execute on the Writ of Possession, removing the Florida Tenant from the Florida Property.
*** Florida Landlords please be aware that Filing Bankruptcy Florida Eviction is different when the Tenant is a Florida Commercial Tenant ***
The experienced team of Broward Eviction Attorneys of 954 Eviction Attorneys, PLLC are here to help with all of your Broward Eviction and Landlord-Tenant needs. Call us today @ (954) 323-2529 to set-up a time to visit our Broward County Eviction Office in Coral Springs or Palm Beach County Office in Lantana, Florida.