Can Chapter 13 Help Me Stop My Eviction in California?
If you’re residing in California and facing the stress of eviction, it’s essential to understand the resources available to you. I’m here to explain, in a clear and approachable way, how Chapter 13 bankruptcy could be a potential lifeline for you.
Understanding Chapter 13 Bankruptcy
Chapter 13 bankruptcy is a strategy that allows individuals with a steady income to create a plan to repay their debts within a span of three to five years. It’s distinctive from other forms of bankruptcy, as it allows you to retain your properties while reorganizing your debt repayments.
The Eviction Procedure in California
In California, eviction processes can progress swiftly. It typically begins with a notice from the landlord and, if unresolved, leads to a court case. If you don’t meet the requirements of the notice or if the court rules against you, eviction is the next step.
How Chapter 13 Can Halt Evictions
Initiating a Chapter 13 bankruptcy invokes an “automatic stay,” immediately preventing most creditors, including landlords, from continuing collection efforts. Here’s a quick overview:
1. Automatic Stay:
Think of this as a temporary pause; it suspends eviction processes, granting you some time to address the underlying issues.
2. Resolving Lease Violations:
Chapter 13 allows you to rectify lease violations by proposing a feasible repayment plan to settle any outstanding arrears, thereby maintaining your residential status.
3. Managing Rent Arrears:
Within the Chapter 13 framework, you can prioritize settling overdue rent, demonstrating your commitment and ability to meet rental obligations.
4. Maintaining Regular Rent Payments:
Maintaining regular rent payments post-petition is crucial. Failure to do so allows landlords to request the court to proceed with the eviction.
Limitations of Chapter 13 Bankruptcy
However, Chapter 13 is not a panacea. If a possession order is already in place, the automatic stay might not prevent the eviction. Failing to adhere to the repayment plan could also result in dismissal, leaving you susceptible to eviction.
For Californians grappling with the prospect of eviction, Chapter 13 bankruptcy can be a considerate option, providing a structured path to manage debts. However, adherence to lease agreements and consistent consultation with a knowledgeable attorney are crucial to navigating this pathway successfully.
Need More Information?
At the Law Office of Daniela Romero, we believe in relationships that are based on trust. Before we work together, we would like to get to know you and we would like you to get to know us. We want you to be sure you are the right fit for us and that we are the perfect fit for you. This will allow you to be completely comfortable sharing intimate and difficult details of your case, so we can offer you representation to the fullest extent of the law. Call us today to set up a free consultation.