If your lease has expired and you have received a judgment of possession, you may be wondering if your landlord can get back into your property. You may be surprised to know that a judgment of possession can even be a valid reason to evict you. However, The Impact of a Judgement of Possession on Your Lease in Bankruptcy statutes protect your property as it stands at the time of filing. Even if you have filed bankruptcy after the lease was terminated, landlords can still seek recovery from you if they have failed to collect on their debt.
Why Need to Know About The Impact of a Judgement of Possession on Your Lease in Bankruptcy
The impact of a judgment of possession on your lease is dependent on the bankruptcy court’s ruling. For instance, if you had filed for bankruptcy after your landlord had obtained a possession judgment against you, the automatic stay prohibits your landlord from evicting you. However, if the landlord has obtained a possession judgment against you before you filed for bankruptcy, it can ignore the automatic stay and evict you. Fortunately, if you can serve your landlord with a copy of the certification of your bankruptcy, the landlord cannot evict you.
Bankruptcy can also stop eviction, although timing is essential. Bankruptcy is generally protected by the “automatic stay” (or in some cases, the automatic stay) and will prevent a landlord from pursuing collections action against you while you are under a bankruptcy. However, there are exceptions. You can still be evicted if you fail to file certain documents that your landlord requires you to file.