Can bankruptcy help avoid eviction?

If you got behind on your rent at the beginning of the pandemic, then you probably know that many of the protections put in place for renters because of the COVID-19 pandemic are coming to a close. Rents are due, and in February 2022 the grace period for catching up on rent payments ended. This means if you haven’t been able to catch up, your rental agreement may be in danger. We want to help you understand how bankruptcy can help you avoid eviction. Understanding your rights has never been more important, and we want to help.

First, you need to know that none of the Oregon legislature bills remove your responsibility to pay all of your rent. So even though you couldn’t legally be evicted, your back-rent may have been stacking up. All of that back-rent is now due. Before you consider bankruptcy, you can check to see if you qualify for rental assistance. Because of Senate Bill 891 you cannot be evicted if you have applied for rental assistance and your application is pending. However as of this posting, Oregon Rental Assistance is closed to new applicants.

My back-rent is due, but I can’t pay it. Can bankruptcy help me avoid eviction?

Bankruptcy can help you if you have a large sum of unpaid rent that you simply can’t pay. First, there’s one question you’ll need to answer – do I want to stay in my current rental, or do I want to leave and find a new place to live? If you’d like to stay in your current rental, you will need to pay at least of some of the back-rent. If you want to move, in some cases bankruptcy will allow you to walk away and eliminate your back-rent completely. Either way, bankruptcy can help you avoid eviction.

I want to keep my apartment, but can’t afford the back-rent.

As you likely already know, your landlord can demand you pay your rent in full, that you become completely current on payments. If you can’t do that, bankruptcy can help, even if you want to stay in your current rental. First, bankruptcy stops all legal proceedings against you. That includes eviction proceedings. A bankruptcy can allow you to restructure some of your debts and break your back-rent payments into smaller, more manageable pieces. You’ll still be paying the rent, but at a rate you can afford. This allows you to keep your place, without garnishments or eviction stress.

I’m ready to move away. Can bankruptcy help me get a fresh start?

If you want to move and need a fresh start bankruptcy is likely the right answer for you. In this case, you can usually file for bankruptcy and include all your back-rent in your dischargeable debts. Filing for bankruptcy can still help you avoid eviction, but then it can allow you to eliminate your past rent debts completely. You landlord will not be able to garnish your wages or seek a judgement against you. You’ll be free to start a new chapter in a new home or apartment.

We can help you file for bankruptcy and avoid eviction.

If your landlord is threatening eviction we should be your first call. You can sit down for a free consultation with an experienced attorney right away. Timing is important in eviction cases, and the earlier you come to us the more we can help. Stop trying to do it alone, call 503-385-8888 today!