How does Bankruptcy stop an eviction in New Jersey?

Oct 30, 2018 | Bankruptcy, New Jersey Bankruptcy, New Jersey Eviction

A Chapter 13 Bankruptcy will STOP an eviction in New Jersey for Non-Payment of Rent.

A chapter 13 bankruptcy filing is only supposed to stop an eviction due to the failure of a tenant to pay rent. Filing for Chapter 13 bankruptcy in New Jersey is not supposed to protect an individual that is being evicted due to any other lease violations. A chapter 7 bankruptcy is also not supposed to stop an eviction for non-payment of rent or lease violations.  However many landlords find that a sheriff will not go through with an eviction if a bankruptcy has been filed and is still active.

If you are a landlord faced with such a situation we can help as we have gone to court to file motions on the behalf of landlords to speed up the eviction process when bankruptcy has been filed.  We have even gone to court what a chapter 13 bankruptcy petitioner was not in compliance with what they were supposed to be doing to stop from being evicted.

If you are a tenant facing eviction, and you need time to stop the eviction, we can help. However, it can become a catch-22.  If you have money to pay us, you may not have the money to pay your landlord.  We work out payment plans when filing bankruptcy, but we will need you to put down at least $1500 to cover filing fees and other costs.  We normally can file an emergency bankruptcy petition the same day. But you will have had to have taken the one-hour required bankruptcy course.  CC advising offers the least expensive course that we have found at $9.76.  We normally roll the cost into the fees, but if you want to go with a different firm, we still recommend them especially if you are too broke to pay as they offer free courses for those that are truly in need.

Contact a New Jersey bankruptcy attorney today with any questions at 973-200-1111 or email.

The Law Offices of Patel & Cardenas

Why Choose Us?

Free Initial Consultations

Multilingual Attorneys

Thousands of Clients Served

Focus On Quality Client Care

Call us

(973) 542-9407