Understanding Evictions During Bankruptcy

Evictions and Bankruptcy: What You Need to Know

Welcome to my series on the bankruptcy petition. In this segment, I review Official Form 101A (Initial Statement About an Eviction Judgment Against You) and Official Form 101B (Statement of Your Intention Regarding an Eviction Judgment), which are crucial if you’re dealing with an eviction while considering bankruptcy.

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The Impact of the 2005 Bankruptcy Law Changes

Before the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), it was common for tenants to significantly delay eviction proceedings by filing for bankruptcy. This often led to frustrating situations for landlords. The 2005 changes aimed to address this abuse, making it more difficult for tenants to use bankruptcy solely to stall evictions.

Can Bankruptcy Stop an Eviction?

Here are the most important points to understand:

The Automatic Stay

The automatic stay, which typically stops most collection actions like garnishments, foreclosures, and repossessions upon filing bankruptcy, works differently with evictions. If an eviction judgment has already been entered against you before you file for bankruptcy, the landlord can generally ignore the automatic stay and proceed with the eviction.

Some states offer the opportunity to allow tenants to catch up on their rent even after an eviction judgment. However, if you choose to contest the eviction and use this option, any owed rent must be deposited into the court registry or with the bankruptcy clerk. My experience as a lawyer for a landlord shows that this rarely happens in practice.

Even if the automatic stay initially applies, landlords can and often do file a motion to lift the automatic stay. This is a common practice, especially in Chapter 7 bankruptcy cases.

While you might be able to briefly delay an eviction, the 2005 law changes have made it much harder to use bankruptcy as a long-term strategy for staying in an evicted property. Practically, trying to work out a payment arrangement directly with your landlord is often a more effective approach.

Chapter 13 Bankruptcy As an Option

If you want to remain in your rented home and have significant rent arrears, Chapter 13 bankruptcy can allow you to include those arrears in a repayment plan. However, Chapter 13 is generally more complex and expensive due to attorney fees, and the success rate for self-represented filers is very low, around 3%. So while it’s a legal option, it might not be a practical one.

Remember, these forms are relatively straightforward, but understanding the implications of the 2005 law changes and the limited protection bankruptcy offers against evictions is crucial.

Stay tuned for more videos in this series as I discuss all the sections of the bankruptcy petition. I will go through each section in order, and I have already completed the blog post and YouTube video on Official Form B101, the Voluntary Petition for Individuals Filing for Bankruptcy.

You can learn more about filing for bankruptcy and the bankruptcy petition via this link. Information on the bankruptcy court system, contact information for trustees, and your state’s exemptions can be found here. The federal bankruptcy exemptions are listed here. The latest version of the 341 Meeting of the Creditors can be found here.

Colleges and universities can purchase my bankruptcy law textbook directly from Routledge Publishing. Paralegals and students who are buying single copies can do so via Amazon Books. To access my YouTube channel, click this link. You can also listen to my podcast on Spotify.

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Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.

Updated on August 30, 2025.