Can Filing Bankruptcy Stop Evictions?

Memphis Bankruptcy, Social Security Disability & Long Term Disability Attorney

You shouldn’t have to worry about losing your home in the midst of financial struggle. If you are worried about losing your home or lease through an eviction proceeding, filing bankruptcy may provide you with a valuable option to stop potential evictions. First it is important to know what to expect when you’re faced with an Forcible Entry and Detainer (FED) eviction action and how the Tennessee eviction process works.

Should you be faced with FED, law officials may be able to forcibly remove you from your home and the landlord can take the rental property back. Consulting with an experienced attorney and seeking legal advice may help. You shouldn’t have to worry about being kicked out of your home in the midst of financial hardship. 

John Dunlap is an experienced bankruptcy laywer who has worked with many bankruptcy cases. Call today for a free 30-minute strategy session to discuss the complexities of your finances and learn more about how we may be able to help with bankruptcy. 

Tennessee Eviction Laws

If you are facing eviction, it may be helpful to understand the Tennessee eviction laws first and how they work. Landlords in Tennessee have to follow specific rules and guidelines for evictions. A landlord must follow specific eviction notices detailing why the tenant is being evicted and how long before the eviction process will take place:

  • 30-Day Notice: If the tenant has violated specific lease agreements, the landlord has to give a 30 day notice before eviction or filing a lawsuit. 
  • 14-Day Notice: A landlord must provide a 14 day notice if you have failed to pay rent, caused damage to the property, or have a history of violence on the property or towards other tenants. You have 14 days to correct the behavior or the landlord can evict you or file a lawsuit.
  • 3-Day Notice: In the event that the tenant has committed any drug activity on the property, the landlord may give them a 3 day notice before they proceed with the eviction.

Unfortunately, because Tennessee eviction laws state that failure to pay rent is cause for eviction, your landlord may be able to evict you after the first day of past due rent. At this point your landlord may use Forcible Entry and Detainer (FED) Warrant to remove you from their property. Your landlord will file a lawsuit and may be able to forcibly remove you from your home and take back the property after receiving approval from the court. 

Can Filing Bankruptcy Stop FED Evictions?

In some instances, the process for eviction can take a while, giving tenants time to make their past due rent payments. However, there are different rules depending on state laws. In Tennessee, landlords filing a FED can take action very quickly, leaving you with little time to find a new place to go and a significant amount of rental debt. 

Bankruptcy may provide you with an opportunity to keep your home and stop forcible evictions from taking place. An emergency bankruptcy filing may be able to stop your landlord from removing you from your home while you’re sorting out your finances. 

An emergency bankruptcy is also known as a “bare bones” bankruptcy because it can be filed almost immediately without the process of paperwork. The average bankruptcy may take 50 or more pages to complete. Sometimes it can take weeks before a regular bankruptcy is approved.

Filing an emergency bankruptcy takes less time to complete and the automatic stay goes into effect much faster than a regular bankruptcy process. The automatic stay is a hold put in place that stops creditors and collectors from collecting payment or property from you while you are in bankruptcy. 

Once you file for emergency bankruptcy, the automatic stay goes into effect immediately. If you know that you are facing eviction, filing an emergency bankruptcy may stop your landlord from removing you from your home. Additionally, the automatic stay also stops other creditors from calling and collecting payment from you, giving you time to pay back debts or have them wiped out. 

Facing Eviction? Contact Our Bankruptcy Attorney

You and your family shouldn’t have to worry about eviction on top of other financial hardships. An emergency bankruptcy and automatic stay may provide you with some type of relief and stop FED evictions at the same time. Don’t wait too long. 

If you’ve fallen behind on monthly payments and are facing eviction, an attorney can file an emergency bankruptcy petition on your behalf and stop the eviction before it’s too late. John Dunlap is an experienced bankruptcy attorney who has helped many clients with bankruptcy filings. Don’t let landlords take advantage of you and your situation. Call today for a free 30-minute strategy session to discuss your case.