When filing bankruptcy, state and federal bankruptcy laws determine who qualifies, which debts are eligible for discharge, what counts as income, etc. For renters, one of the main concerns pertains to their living situation. For example, can a Georgia landlord evict you during a Georgia bankruptcy?

When discussing the possibility of rental eviction during a Georgia state bankruptcy , it’s important to consider the timing of the bankruptcy filing and any eviction proceedings already in motion. When a bankruptcy is filed, an automatic stay immediately goes into effect. The automatic stay stops an eviction; a landlord cannot take eviction action when an automatic stay is in effect, preventing them from changing the locks on the property or removing the bankruptcy petitioner’s belongings from the rental property. However, there are some differences in how Georgia bankruptcy impacts a rental conviction depending on the timing.

There are some instances in which a landlord may evict a tenant who is filing bankruptcy, including when a court-ordered judgment was issued before the tenant filed bankruptcy. Additionally, under Georgia law, the automatic stay does not apply to eviction proceedings if the tenant is capable of paying rent due to “cure” the eviction.

If the tenant files bankruptcy before the eviction judgment is issued, the landlord is prevented from proceeding with the eviction process. The landlord must go through federal bankruptcy court to attempt to have the automatic stay lifted before moving forward with the eviction. In most cases, the judge will agree to lift the automatic stay since a lease agreement does not usually impact the value of the tenant’s estate.

Also of Note: Georgia law allows landlords to refuse to accept late payments to cure evictions if the tenant already received an eviction notice within the past year.

If a tenant who is not past due or facing eviction files for Georgia bankruptcy, the filing does not affect their tenancy.

If you have questions about filing Tennessee or Georgia bankruptcy, or you need to know how filing bankruptcy will impact your rental eviction, contact an experienced bankruptcy attorney. Don’t hesitate to call Kenneth C. Rannick, P.C., Tennessee, and Georgia bankruptcy attorney. We help good people through bad times.

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