How long after being served with an eviction notice can you file for bankruptcy?

 

How long after being served with an eviction notice can you file for bankruptcy?
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Tim Cella
used to work at several law firms

First, I’m not a lawyer. Second, you should absolutely speak with a lawyer in your state as all states have different interpretation of bankruptcy law. With that being said, the timing for filing for bankruptcy after being served with an eviction notice can vary depending on the specific circumstances of the case and the type of bankruptcy you plan to file. In Utah for example, if this eviction notice is a court order of eviction then filing bankruptcy won’t help you. However, if it’s a 3-day pay or vacate in Utah and the court case has not been filed; then filing bankruptcy will delay the eviction process (it won’t permanently stop it).

If you are facing eviction and want to file for bankruptcy to stop the eviction process, it is generally best to speak with a bankruptcy attorney as soon as possible to determine your options and the best course of action.

Depending on where you live and the case law and the stage of eviction, filing for bankruptcy may be able halt the eviction process temporarily, but the exact timing will depend on several factors such as whether the landlord has already obtained a judgment of possession (aka writ of restitution) against you or whether you have filed for bankruptcy in the past.

It is important to note that there may be specific requirements and deadlines for filing for bankruptcy related to eviction cases, so it is best to consult with an attorney who can provide detailed guidance based on your individual situation.

I hope this has been helpful. Good luck! If you’re in Utah you can try this lawyer:

Jeremy Eveland

17 North State Street

Lindon UT 84042

(801) 613-1472

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