Will Bankruptcy Stop My Fort Lauderdale Eviction?

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A bankruptcy filing will not stop an eviction in Broward County unless the landlord is paid their rent. The bankruptcy automatic stay will only temporarily stop an eviction for 30 days if the correct procedure is followed.

If you already have an Ft. Lauderdale eviction judgment entered against you:

The First 30 Days:

If you have already an Broward County eviction judgment against you when you file a bankruptcy petition, you must file an Initial Statement About An Eviction Judgment Against You (Official Form 101A) with the bankruptcy voluntary petition and disclose to the court that you rent your residence and that your landlord has a judgment for eviction against you. This form must be mailed to your landlord upon filing bankruptcy. In this form, you must declare to the bankruptcy court if:

• Under state law, you have the right to stay in the residence if you pay the landlord the entire delinquent amount that is due; and/or
• You have given the bankruptcy Clerk of Court a deposit for the rent that will be due during the 30 days after the petition is filed

If you certify to the court that you have the right to stay in your home under Florida law (you do) and that you have deposited the rent that is due within the first 30 days of filing the bankruptcy petition with the court (and actually deposit it), then the bankruptcy automatic stay will stay in effect for 30 days after you file your bankruptcy.

After the First 30 Days:

If you want to stay in your rental residence past the first 30 days and continue receiving the protection of the automatic stay, then you must pay the entire amount of delinquent rent that is stated on the eviction judgment. This must be paid before the first 30 days ends.

To stay beyond the first 30 days, you must file a second form with the court: Statement About Payment of an Eviction Judgment Against You (Official Form 101B). You can only file this form if:

1. You timely filed the Initial Statement About An Eviction Judgment Against You when you first filed your bankruptcy case; and
2. You mailed or served the copy on your landlord; and
3. You want to stay in your rented home for more than 30 days after you filed your bankruptcy case.

You must mail a copy of this form to your landlord also. You must also pay the entire amount of money in the eviction judgment that the landlord has against you before the 30 days are up. If you fail to follow the steps above or fail to pay the money within the first 30 days, the landlord can ask the bankruptcy court to remove the automatic stay and continue with the eviction. The bankruptcy court will usually allow the landlord to continue with the eviction if you do not follow these steps and pay the landlord.

If the landlord does not already have a judgment when you file, the automatic stay will stop the landlord from beginning or continuing with eviction proceedings for 30 days as noted above. However, the landlord can always ask the judge to lift the stay before the 30 days and continue with the eviction. If you do not deposit the money with the bankruptcy court or file the required declarations and forms, the bankruptcy court will probably grant the landlord’s request to continue eviction.

Bankruptcy and Eviction in Ft Lauderdale

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