Filing bankruptcy to stop an eviction can be somewhat troublesome because most people including some attorneys do not entirely understand the laws around when a bankruptcy will stop an eviction. Now understanding evictions in bankruptcy requires a little bit of discussion about two important events in the eviction process.
Number one is the lawsuit or the summons saying that you’re being noticed that your landlord is intending to evict you. Number two is the order of possession that is usually ordered when you go to that hearing and the judged finds that you are in default and that your landlord will be able to take back the lease premises at a certain date and time. Now, it’s important to understand these two items because the first one the lawsuit or summons notice of hearing for your eviction can be stop by bankruptcy. But the second part which is the order for possession cannot usually stopped by bankruptcy unless you do something extra that may or may not be a sound way even in that situation to stop the eviction.
Now, when you file your bankruptcy petition it may be possible to even stop order for possession and that’s because of the second page in the bankruptcy petition. There’s a section that has a place for your landlord and his address and the ability to deposit one month’s rent with the court of courts when you file the bankruptcy. However you would be have to be up to date on all of your behind rents within thirty days after the case is filed and this remedy has not been clearly established as being valid in Indiana.