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The reply is: perhaps, perhaps not. Should you file for chapter safety beneath both Chapter 7 or Chapter 13 of the Chapter Code, you’re granted sure instant protections from collectors, together with safety from many varieties of assortment actions. This instant safety is known as an “automated keep.”
It’s supplied for in part 362(a) of the Chapter Code. Its goal is to present you “a respiratory spell” from collectors, “stopping all assortment efforts, all harassment, and all foreclosures actions.” As such, the it prohibits collectors from pursuing most varieties of assortment actions whereas your chapter case is pending, together with disconnecting your utilities and/or making harassing phone calls. It doesn’t, nevertheless, present safety in opposition to all creditor actions. Eviction makes an attempt are one such motion that will or will not be protected in opposition to beneath the automated keep.
If a court docket has already dominated to permit your landlord or lessor to re-possess your property, an eviction has already been permitted and the automated keep can’t show you how to. If, nevertheless, there has not but been any court docket motion concerning your eviction on the time you file your chapter petition, the automated keep might be able to postpone and/or cease your eviction.
Nonetheless, it’s value noting that it will possibly solely show you how to in case your landlord is making an attempt to evict you for nonpayment of hire. If you’re being evicted for another motive, such because the unlawful use of managed substances or endangerment to the property, an automated keep is not going to have an effect on the continuing.
