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What Happens to Eviction Notices in Bankruptcy?

If you have received an eviction notice as a tenant, the time in which you received this will determine how it is handled during your bankruptcy proceedings. You may have received it prior to your filing, or it arrived after you filed. Back a few years ago an individual who was being subjected to a court order eviction could put a stop to it by filing for either chapters of bankruptcy.

Staying Put

The laws have now changed and could be more in favor the landlord. The automatic stay can be over turned in the landlord obtained a court ordered judgement before you filed for your bankruptcy. There are some variations to this in the different states.

It is extremely important that you get the right legal help through a Kentucky bankruptcy attorney if you are dealing with an eviction notice either before or after your bankruptcy filing. If you happen to be in a State that makes an exemption there are several processes you need to go through in order to bring the eviction notice to a halt.

If you have filed for bankruptcy and then receive an eviction notice then it may be handled different. You will receive an automatic stay during the course of the bankruptcy. The landlord can still appeal to the courts to have the stay lifted. Many times the court will comply because the lease agreement has no value to the estate.

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