Can Bankruptcy Stop Eviction?
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An automatic stay goes into effect as soon as you file bankruptcy. This temporarily stops all debt collection activity, including eviction actions, as long as the landlord hasn’t already received a judgment in their favor. The automatic stay isn’t a permanent solution, though. It’s only a temporary measure that may buy you some time to deal with the eviction or find other housing.
Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated February 15, 2026
Can Bankruptcy Stop an Eviction?
Yes, but only in certain situations.
When you file bankruptcy, an automatic stay goes into effect immediately. This court order temporarily stops most debt collection activity, including eviction actions.
But here’s the key: Bankruptcy usually only stops an eviction if your landlord has not yet received an eviction judgment.
If your landlord already has a court judgment for possession, filing bankruptcy will not usually stop the eviction. There are limited exceptions, such as when the eviction is for unpaid rent and your state allows you to catch up on the rent quickly after filing.
You won't be eligible to use Upsolve's free filing tool if you have an eviction judgment against you. If you're trying to file bankruptcy prior to an eviction judgment, you generally need to move quickly. Many people in this situation seek free legal aid help or consult with a bankruptcy attorney.
Can Bankruptcy Stop an Eviction if There Isn't a Court Judgment Yet?
In many situations, yes. If the court hasn’t entered a judgment yet, filing Chapter 7 or Chapter 13 can temporarily pause the eviction process.
What happens next depends on several things, including why the landlord is evicting you, whether you want to stay in the rental, and which type of bankruptcy you file.
Bankruptcy isn’t a guaranteed way to stay in your home. But it can sometimes buy you time. Some people use that time to catch up on rent, talk with their landlord, or find a new place to live.
How Chapter 7 Bankruptcy Affects an Eviction
Chapter 7 bankruptcy is designed to wipe out unsecured debts like credit cards, medical bills, and personal loans. It’s not built to create a repayment plan for past-due rent.
If you’re being evicted because you fell behind on rent, filing Chapter 7 may temporarily pause the eviction. But in many states, it won’t permanently stop it.
In some places, renters may have a short window of time to pay all past-due rent and fees to stay. That often means coming up with the full amount quickly, which can be hard if you’re already struggling financially.
Because of that, many people use Chapter 7 as a way to get breathing room. The pause can give you time to look for new housing, move your belongings, or stabilize your finances. It’s less common for Chapter 7 to allow someone to stay long-term if they’re behind on rent.
How Chapter 13 Affects an Eviction
Chapter 13 is a complex and length process. It's generally used by homeowners to protect their property.
Unlike Chapter 7, Chapter 13 requires a 3–5 year repayment plan. In some cases, past-due rent can be included in the repayment plan.
If it is, you may be able to spread out what you owe over time instead of paying everything at once. You'll also need to stay current on your ongoing rent during the repayment plan.
To file Chapter 13 successfully, you generally need to have a steady income you can use to make required monthly payments.
Keep in mind that your landlord can also ask the court for permission to move forward with the eviction despite the bankruptcy filing.
When Bankruptcy May Not Stop an Eviction
In some eviction cases, bankruptcy can only offer limited protection.
If a court has already issued an eviction judgment, the automatic stay often won’t stop the eviction from moving forward. This is why timing matters so much.
Bankruptcy may also provide limited help if the eviction involves allegations of illegal drug use or property endangerment. In those cases, a landlord can file special paperwork that shortens or limits the protection of the automatic stay.
If you filed another bankruptcy case in the past year and it was dismissed, the automatic stay might last only a short time, or may not go into effect at all.
Even when the automatic stay applies, a landlord can ask the bankruptcy court to lift it. Courts sometimes grant these requests, especially if there’s no realistic way to catch up on unpaid rent.
Why Timing Matters in Eviction Cases
Evictions follow state law, and the process can move quickly. In most states, it starts with written notice. Then the landlord files a case in court. A hearing takes place. After that, a judge may enter a judgment for possession.
Bankruptcy tends to be more helpful earlier in the process, before a judgment is entered. Once a judgment is in place, the available options often become more limited.
Is Bankruptcy the Right Tool To Stop an Eviction?
Filing bankruptcy only to stop an eviction isn’t generally the best long-term solution. But if you're also dealing with credit card debt, medical bills, or wage garnishment bankruptcy may be able to help. Bankruptcy clears eligible debts, which can free up money to stay current on rent.
Filing bankruptcy may also buy you time to find a new place, save for a security deposit, or avoid having an eviction finalized before you move.
Let's Summarize...
Bankruptcy can temporarily pause many evictions through the automatic stay, especially if a judgment for possession hasn’t been entered yet. But it doesn’t guarantee that you’ll be able to stay in your home.
Chapter 7 often creates short-term relief. Chapter 13 may offer a way to catch up on rent in some situations. What’s possible depends on timing, income, and how the landlord responds.
If you’re facing eviction, you’re not alone, and you do have options. Understanding how bankruptcy fits into the bigger picture can help you figure out your next step.