Can Bankruptcy Stop Eviction in Florida? A Comprehensive Guide

Written By: Attorney Robert Stiberman | Uncategorized Updated April 18, 2023

Facing eviction can be a stressful and overwhelming experience, especially when it comes to finding a solution. Bankruptcy is often viewed as a way to resolve financial issues, but can it also stop an eviction? The answer is not a simple yes or no, but it depends on various factors such as the type of bankruptcy you file and the stage of the eviction process.

In this article, we will explore the impact of bankruptcy on eviction proceedings in Florida and answer some frequently asked questions on this topic.

Understanding Eviction in Florida

Eviction is a legal process where a landlord seeks to remove a tenant from the rented property. In Florida, the eviction process starts with the landlord serving the tenant with a notice to vacate, which can be for non-payment of rent or violation of lease terms.

If the tenant fails to comply with the notice, the landlord can file a complaint with the court to start the eviction process. The court will then schedule a hearing, and if the judge rules in favor of the landlord, the tenant will be ordered to vacate the property.

How Can Bankruptcy Stop Eviction in Florida?

Filing for bankruptcy can provide temporary relief for tenants facing eviction by automating a legal process called the “automatic stay.” The automatic stay is a court order that stops creditors from collecting debt and halts eviction proceedings.

However, the stay is only temporary, and the landlord can seek relief from the stay by filing a motion with the court. If the court grants the relief, the eviction proceedings can resume.

Types of Bankruptcy that Can Stop Eviction

The most common types of bankruptcy that can stop eviction are Chapter 7 and Chapter 13.

Chapter 7 bankruptcy is a liquidation bankruptcy that can provide a discharge of eligible unsecured debts. This type of bankruptcy will not stop eviction proceedings permanently, but it can provide temporary relief by automatic stay.

Chapter 13 bankruptcy is a reorganization bankruptcy that can stop eviction proceedings permanently if the tenant can catch up on the rent owed and cure any defaults. In Chapter 13 bankruptcy, the tenant proposes a repayment plan to pay the debt over a period of three to five years.

Factors that Affect the Ability to Stop Eviction

The ability to stop eviction through bankruptcy depends on several factors, including:

• The stage of the eviction proceedings: If the eviction proceedings have already resulted in a final judgment, bankruptcy may not stop the eviction.
• The type of lease: If the tenant is on a month-to-month lease, the landlord may be able to terminate the lease without going through the court process, and bankruptcy may not be able to stop the eviction.
• The type of debt: If the debt is for back rent, it is generally dischargeable in bankruptcy. However, if the debt is for damage to the property, it may not be dischargeable, and the landlord may be able to proceed with the eviction.

FAQs on Can Bankruptcy Stop Eviction in Florida

Q1. Will bankruptcy stop all evictions in Florida?

A: No, bankruptcy will not stop all evictions in Florida. It depends on the stage of the eviction proceedings and the type of bankruptcy filed.

Q2. Can I file for bankruptcy to stop an eviction in Florida?

A: Yes, you can file for bankruptcy to stop an eviction in Florida if the eviction proceedings have not resulted in a final judgment and if the debt is eligible for discharge under Chapter 7 or Chapter 13 bankruptcy.

Q3. How long will the automatic stay last in a bankruptcy case?

A: The length of the automatic stay in a bankruptcy case depends on the type of bankruptcy filed and the circumstances of the case. In Chapter 7 bankruptcy, the automatic stay typically lasts until the discharge of eligible debts or until the court grants relief to the landlord. In Chapter 13 bankruptcy, the automatic stay lasts until the completion of the repayment plan or until the court grants relief to the landlord.

Q4. Can I keep my home if I file for bankruptcy to stop an eviction in Florida?

A: It depends on the type of bankruptcy filed and the circumstances of the case. In Chapter 7 bankruptcy, the tenant may be able to keep the home if the rent is current and the property is not subject to forfeiture. In Chapter 13 bankruptcy, the tenant can keep the home if they catch up on the rent owed and cure any defaults through the repayment plan.

Conclusion:

In conclusion, bankruptcy can stop eviction in Florida under certain circumstances, such as filing for Chapter 7 or Chapter 13 bankruptcy and if the eviction proceedings have not resulted in a final judgment. However, it is essential to understand that bankruptcy is not a permanent solution and that the landlord may be able to seek relief from the automatic stay and resume the eviction proceedings. It is recommended to seek the advice of a bankruptcy attorney to determine the best course of action for your specific situation.

Written By:

Attorney Robert Stiberman

Robert is an experienced bankruptcy attorney adept at handling Chapter 7, 13, and 11 filings, with more than 15 years of experience in bankruptcy cases. Robert represents clients in both consumer and business bankruptcy ... Read More