If I file a chapter 13 can it stop a eviction in Mississippi cause I got behind in my rent but now I got a good job?
2 attorney answers
The chapter 13 might stop the eviction, depending on where the landlord is in the process. If you catch it early enough, you can set up a plan to get the rental arrearages caught up through the bankruptcy case. Depending on the other debts you have, chapter 13 might be the way to go, but you should also look into a chapter 7. Discuss the issues with a competent bankruptcy attorney in your area to make usre you understand all of the options.
This answer is intended as a general discussion of legal issues and does not create an attorney-client relationship. You should discuss your issue with an attorney in your area to better understand your legal rights and options.
First, you will discuss in depth with an attorney in your state.
Second, it depends on what the status is of your eviction. If the Plaintiff already obtain a writ of restitution then absent any new agreement with the landlord the answer is no.
Third, not sure why you would not want a ch 7 instead but that is why we discuss those matters as will your attorneys too. "GOOD" job can mean many things. The attorney will go through all facts, expenses, income, family size etc. in order to know your options.
Your asking that question implies you have not called and discussed with an experienced bankruptcy attorney near you as you would or should know the answer to that question posted here on AVVO. Other facts and issues can gravely affect your case so I will point these out for you next some issues so you know you only need to do one thing now: call an attorney near you to discuss bankruptcy. You need and want to enjoy your fresh start also. But the most important thing is to meet with an attorney as you asking this question means you have not. You care about 2 goals: keeping everything you have equity in and discharging all your debts. If you don't have any of the exceptions to discharge you will obtain that goal; most exceptions are set forth in 11 USC. 523 (Google it) like child support, some income taxes, traffic (in a ch 7) and criminal fines , and presumption of student loans. But some debts are dischargeable in a ch 13 but NOT in a ch 7 so you want to make sure and your attorney will discuss any such types with you also!
Your exemptions depend on what state you have lived in in the last 2 years and thus if in your state, then your states exemptions will apply. Most persons filing keep everything they own but your attorney will confirm that with you when they learn everything you own and the equity thereof!
Some secured debts like homes, vehicles, other secured debts an attorney will discuss your options on also as you must list any debts; but that does not mean you will lose them unless you have too much equity or are in default on paying for them! Discuss those options if they apply with your attorney too.
But other issues can arise that can greatly harm your case. Just one example: If you paid back a relative $3,000 11 months ago and now file bankruptcy next week, the trustee can SUE that relative to retrieve that $3,000 (under what is called a preference) for the benefit of the bankruptcy estate. As a result, most attorneys don't charge to meet with them the first meeting so meet with one no matter what.
Many great attorneys can be found right here on AVVO in your state so look, call, and meet one as soon as you can.
You should also want to know when to file: is there an advantage of waiting versus filing now and who should you pay between now and then! Good luck and enjoy your later fresh start.