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Facing eviction is one of the most stressful experiences a tenant can go through, especially when you’re already dealing with overwhelming debt. Fortunately, bankruptcy can sometimes offer a temporary lifeline. At Logan A. Weinkauf, P.C., we work with Massachusetts residents to help them understand how filing for bankruptcy may delay or even stop an eviction under certain legal circumstances. While bankruptcy isn’t a guaranteed way to keep your home long-term, it can provide much-needed breathing room to catch up on rent or explore your options.
In this blog, we’ll break down how bankruptcy can impact eviction proceedings, what protections exist under the law, and where the limits lie. If you’re behind on rent and worried about losing your home, this guide will help you understand your rights—and how we can help you use them.
The Automatic Stay: Your First Line of Defense
When you file for bankruptcy, a powerful legal tool called the automatic stay goes into effect immediately. This stay halts most collection efforts—including lawsuits, wage garnishments, and yes, eviction proceedings.
Here’s what the automatic stay can do:
- Temporarily stop an active eviction lawsuit.
- Prevent your landlord from filing a new eviction complaint.
- Delay further court hearings or enforcement actions.
But this protection isn’t always automatic or permanent. The timing of your eviction and the reason behind it can significantly impact how effective bankruptcy will be.
Timing Is Everything: When Was the Eviction Filed?
In Massachusetts, whether bankruptcy can halt your eviction depends on where you are in the eviction process when you file:
Eviction Not Yet Filed
If your landlord has not yet started the eviction process, filing for bankruptcy immediately stops them from filing. The automatic stay kicks in and prevents them from pursuing any legal action to remove you from the property.
Eviction Already Filed but No Judgment
If an eviction lawsuit has been filed but no judgment has been entered yet, bankruptcy can pause the court process. Your landlord must get permission from the bankruptcy court (called a “motion for relief from stay”) to proceed. Until that’s granted, the eviction is on hold.
Judgment for Possession Already Issued
If the landlord has already won the eviction lawsuit and obtained a judgment for possession, your options become more limited. In this case, the automatic stay won’t stop the eviction unless:
- You file a certification with the court stating that Massachusetts law allows you to cure the default (i.e., pay the back rent),
- And you deposit the full amount of past-due rent with the bankruptcy court within 30 days of filing.
This only applies if the eviction is based on non-payment of rent. If you’re being evicted for other reasons—like violating lease terms or illegal activity—the automatic stay may not apply at all.
Eviction for Lease Violations or Criminal Activity
Bankruptcy protections don’t extend to every type of eviction. If your landlord is evicting you due to:
- Illegal drug use on the premises,
- Endangerment of property or other tenants,
- Significant lease violations unrelated to rent,
…the automatic stay does not apply, or the landlord can immediately request relief from the stay to proceed with the eviction. Courts prioritize the safety and rights of other tenants over the debtor’s protections in these cases.
What Happens After Bankruptcy?
Bankruptcy doesn’t erase rent debt automatically unless you complete the process and receive a discharge. Even then, you may need to reaffirm your lease or negotiate new terms to remain in the property.
If you file under:
- Chapter 7, you may be able to discharge unpaid rent, but unless you make arrangements to catch up, the landlord can still pursue eviction after the stay lifts.
- Chapter 13, you can propose a repayment plan to catch up on rent over time—often the best path for keeping your home if you’re behind.
How Logan A. Weinkauf, P.C. Can Help
Every eviction case is different, and Massachusetts housing laws add complexity to an already stressful process. At Logan A. Weinkauf, P.C., we guide tenants through bankruptcy filings while helping them assess all their options—including negotiations with landlords or pursuing other forms of debt relief. If bankruptcy can help you pause or prevent eviction, we’ll walk you through the necessary steps, from properly filing paperwork to representing you in court.
Bankruptcy isn’t a one-size-fits-all solution—but in the right circumstances, it can buy you precious time and preserve your housing. Let us help you use the law to your advantage. Contact us today for a free consultation.