Bankruptcy and Rental Agreements – The Way Forward
Cave Creek is located in Maricopa County, Arizona and is one of the only towns to be found in the Sonoran Desert of Arizona. The city of Phoenix recently bought the Spur Cross Ranch and it has become a major tourist attraction in the town. The local Cave Creek attorneys have always been an important part of the town and if you are considering filing for either a Chapter 7 bankruptcy or a Chapter 13 bankruptcy then you would be well served to consult with one of the local Cave Creek bankruptcy attorneys before starting out. Local experience is vital when you are filing for bankruptcy. There are subtle differences in all of the laws governing bankruptcies and a local attorney will have a better idea of which courts to file your bankruptcy in. Other area towns would use the same courthouse, towns like Fountain Hills, Surprise, or Sun City West.
Many people have asked if filing for bankruptcy will stop a landlord being able to force an eviction. It can be a stressful time if you are a renter and have fallen behind in your rent and are now facing the double blow of filing for bankruptcy and the possibility of having nowhere to live.
1. Filing for a bankruptcy is not a good time to stop paying rent, unlike credit cards and certain utilities, which fall under a portion of the law known as debt forgiveness. It is always wise to continue paying for your rent while you are filing for bankruptcy because if you stop paying then your landlord will still be able to proceed with an eviction order against you.
2. If you are in arrears with your rent but your landlord has not yet placed an eviction order against your name then the portion of the rent that you still owe will not be liable for payment. The eviction can then no longer go ahead. This is what is known as an automatic stay, and it will protect you to some extent from being evicted, but you will need to come to some sort of agreement with your landlord as to the payment of future rent as well as the payment of the arrears amount.
3. Your landlord may still be able to force an eviction if they are able to get a exemption from the automatic stay which is why it is vitally important to use one of the experienced Cave Creek bankruptcy attorneys who will be able to negotiate a settlement between you and your landlord to be enable you to continue living in your home. If you are in the unfortunate position of being evicted, your Cave Creek bankruptcy attorney will be able to ensure that none of your back rent is due. You will be protected from the collection of the arrears rent. In a Chapter 13 bankruptcy you may be able to negotiate the continuation of your lease agreement, but be advised that with a Chapter 7 bankruptcy there is little chance that a landlord will allow you to continue staying on the property rent free.
Filing for bankruptcy does not have to mean the end of the road for you and your family, you will still be able to enter into a rental agreement, but you will have to prove that you are able to pay the rent. In your initial consultation with one of the Cave Creek bankruptcy attorneys they will be able to advise you on the best way of proceeding so that you and your family have a place to stay so that you can start over.
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