pcj

[pcj]

I wanted to know if i included a past due balance on my rent that owes to the landlord can i be evicted if its included in a chapter 7

[justbroke]

I wanted to know if i included a past due balance on my rent that owes to the landlord can i be evicted if its included in a chapter 7

Welcome to BKForum.

The short answer is yes, if your goal is to remain in the property.

If you're asking whether you can discharge the debt and remain in the premises only paying future rent as it becomes due, then the answer is a resounding yes; you can be evicted in that case. Simply put, a Chapter 7 is not going to protect you in the long run from the consequences of unpaid rent.

If you were moving out then the past due amounts would be discharged and you are free from the need to repay. However, think of it as a pay-to-stay system. If you want to stay in your leased home, or mortgaged home, you must pay in order to stay. That includes pre-filing (pre-petition) debts owed to the landlord or lender (mortgagee).

Landlords are entitled to expedited hearings when there is past due rent. This is so important that there is a question on Form 1 (the actual main petition) that asks if you are in arrears on rent. It does not ask this questions for mortgages. The only way to prevent the eviction would be to deposit the past due rent with the court shortly after filing. Otherwise the court will allow the landlord to proceed with the eviction.

As an aside, you never ever want an eviction on your credit reports. It makes it very difficult to rent in the neaer future.