Yes, in many cases, filing for bankruptcy will stop an eviction and allow you to remain in your house or apartment. Because bankruptcy can entitle you to an automatic stay, it can relieve you of the ongoing worry of immediate eviction – even if your eviction is already underway. Bankruptcy is not a permanent solution to eviction, though.
Our team will explain the circumstances under which your filing for bankruptcy can stop eviction in South Carolina. We help you reap the many additional benefits of bankruptcy, including preventing creditors from contacting you. The bankruptcy process can be daunting, particularly when combined with the stress and anxiety of possible eviction. We will also ensure your bankruptcy paperwork is in order, complete, and filed on time.
In This Article
How Filing for Bankruptcy Prevents Eviction
According to the U.S. Bankruptcy Court for the District of South Carolina, your lease is considered a contract. Depending on the bankruptcy Chapter you file under, you may have temporary relief from this contractual obligation. Bankruptcy law is complex and can be difficult to decipher on your own.
When our team represents you, we help you seek the protection of an automatic stay as part of specific bankruptcy Chapters. We also explain the difference between the two available Chapters.
For a legal consultation, call 828.286.3866
Certain Bankruptcy Chapters Include an Automatic Stay
According to 11 US Code § 362, when you file for bankruptcy, the court can grant you what is called an automatic stay. It tells creditors of your filing status and prohibits them from taking any action to collect a debt. It can provide you with more than debt relief – it can also provide you with peace of mind by alleviating many of the intrusive and insistent debt collection actions that make daily life difficult.
An automatic stay is available to individuals who file under Chapters 7 or 13 bankruptcies. As part of preparing your case and the required forms, our bankruptcy attorney will let you know how the automatic stay can create a respite from immediate and long-term debt and debt collection efforts.
Chapter 7 Versus Chapter 13 Bankruptcy
The automatic stay that can help prevent you from being evicted is part of two different types of bankruptcy. They include:
- The advantages of Chapter 7 bankruptcy include the ability to discharge most, if not all, of your current debt. You also get the benefits of an automatic stay, garnishment relief, and no minimum debt requirements. Chapter 7 bankruptcy typically takes between three and six months to complete.
- The advantages of Chapter 13 bankruptcy include the ability to retain your property and automatic stay benefits. You can also create an affordable payment plan, discharge many of your debts, and stay in your current home.
Because we understand the stress of your situation, we help you through the bankruptcy process from start to finish. Our team will help you explore your options and choose the one that best fits your financial situation, avoids eviction, and lets you start over.
The Benefits of Working with Our Bankruptcy Team
When clients come to us with overwhelming debt, we work hard to help them get a new beginning and the opportunity to create a new financial picture. When clients work with our team, they leave reviews like these:
- “We had the absolute pleasure of working with Attorney Hannah Davies twice within the last two years… She was professional, compassionate, and very understanding. She explained the process of all the legal documents. I would highly recommend her.” – Kay Beauvois
- “Mark Morris helped me with a very complicated and different kind of case. He handled it very professionally, he is compassionate, understanding, and just an all-around great attorney. I highly recommend him and his firm to anyone.” – Caitlin Starnes
- “Mr. Farmer helped me understand the process and thoroughly explained my options. Even though we were faced with many difficulties throughout the process, Mr. Farmer was very persistent and fought hard until he got the result I felt was just under the circumstances.” – Barbara Millwood
From your first phone consultation until your case is complete, our bankruptcy team is on your side. Read more about the experience we provide our clients on our client testimonials page.
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Call for Immediate Help From Our Case Review Team
If you are inundated with debt and looking for financial relief, our Farmer & Morris Law, PLLC bankruptcy team can help you avoid the immediate loss of your rental residence. We can explain how bankruptcy can stop eviction in South Carolina along with its other benefits. Contact one of our team members today at (828) 286-3866.