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Bankruptcy and eviction question

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Hello does anyone know if Ohio is one of the few states that allow a renter to clear an eviction in Bankruptcy,  even AFTER the landlord gets a judgement of possession? 

 

 

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Guess I worded that wrong. Was asking if it will stop the eviction from going further..like it will if you file BEFORE a judgement.. There are a few states that allow it. And you get 30 days to pay all that is owed. Just wanted to know if anyone knows if Ohio is one of them. 

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Still not sure what you are asking but let's see if this might be it.

 

Your rent is due Dec 1. You don't pay it. Your landlord serves you a pay or quit notice. You still don't pay. The pay or quit deadline comes and goes. The landlord serves you with a summons and complaint for eviction, say, on Dec 10. On Dec 11 you take your bankruptcy petition to the local US bankruptcy court, file the petition and pay your fees. You get a receipt, your get your copy date stamped by the court clerk. The automatic stay goes into effect and all actions against you stop when you give the landlord and his court copies of the filed petition.

 

For the landlord to pursue the eviction he would have to ask the bankruptcy court to lift the stay with regard to the eviction.

 

I don't think you would be allowed to pay the landlord anything because doing so would be favoring one creditor over another and the bankruptcy laws don't permit that.

 

If you have already been served eviction papers and haven't yet filed bankruptcy I doubt if you'll be able to do so quick enough to avoid being put out of your place.

 

That's all I know.

 

Consult a bankruptcy attorney.

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I believe the questioner asks whether the bankruptcy allows the tenant to avoid eviction after the landlord-tenant court has ruled in favor of the landlord and has issued a writ for possession of the premises.  The bankruptcy code allows for a stay of eviction in Sections 362(b)(22) and (l).  But there are requirements that may prevent this.  The tenant must deposit all rents due and becoming due with the court, for instance.  The tenant must also certify under oath that state law allows cure after judgment.

 

I find no provision of Ohio law that allows cure after judgment for possession but I did not and do not practice in Ohio.  You need to consult an Ohio landlord-tenant lawyer to determine whether such a cure provision exists.

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On 11/26/2018 at 11:46 PM, adjusterjack said:

I don't think you would be allowed to pay the landlord anything because doing so would be favoring one creditor over another and the bankruptcy laws don't permit that.

 Adjusterjack, it is not illegal or a preference to pay a prepetition debt after the petition is filed.  Preferences arise when a favored debtor is preferentially paid prepetition from funds that would become part of the estate at the time of filing.  Folks pay off prepetition debts all the time, especially loans from family members.  The prepetition debt can be paid from exempt funds, earnings, and/or post petition loans.

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