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Bankruptcy Law - Questions & Answers
Will bankruptcy stop
an eviction, or unlawful detainer, action?
Sometimes it will, but it is
usually not a good idea. The owner is entitled
to possession of his property and at best you
will only gain a short delay. Filing a Chapter
7 solely to avoid an eviction might be considered
an abuse of Chapter 7. If the Bankruptcy Court
finds that this is true, then the court can immediately
dismiss the bankruptcy and impose other legal
and monetary sanctions on you. If, however, you
are substantially behind in your other bills,
and eviction is only one of your financial concerns,
a bankruptcy attorney may be able to help you.
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