Filing Bankruptcy Before Eviction

Summary

Filing for bankruptcy in Indiana can immediately halt wage garnishment through an automatic stay. It can also temporarily stop eviction proceedings unless a judgment for possession has already been obtained by the landlord. Since there is no eviction judgment, filing for bankruptcy may be a strategic move to address both wage garnishment and potential eviction. Consulting with a bankruptcy attorney in Indiana is advisable to prioritize actions based on immediate needs and long-term financial health.

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I need to file bankruptcy stat. A hearing has been scheduled to garnish my wages. Is it best to file bankruptcy now or pay my rent 1st then file
Hi Renee, considering your situation:
- Filing for bankruptcy can stay (halt) the wage garnishment immediately.
- Paying your rent is also crucial to avoid eviction.
It might be best to consult with a bankruptcy attorney in Indiana to prioritize actions based on your immediate needs and long-term financial health. Have you already consulted with an attorney?
I was under the impression that I cannot be evicted just because I file bankruptcy
Filing for bankruptcy can temporarily stop an eviction, but there are exceptions. Here's what you need to know:
- Automatic Stay: Filing for bankruptcy usually triggers an automatic stay, halting most collection activities, including eviction.
- Exceptions: If your landlord has already obtained a judgment for possession before you file for bankruptcy, the eviction may proceed.
Have you received an eviction judgment from your landlord?
There’s no eviction judgment
Hi Renee, considering there's no eviction judgment:
- Automatic Stay: Filing for bankruptcy can temporarily halt eviction proceedings.
- Prioritize: Discuss with an attorney about filing for bankruptcy immediately to stop wage garnishment, and then address rent payments.
Would you like contact information for a bankruptcy attorney in Indiana?