Stopping Eviction in an Georgia
State Court by Filing Bankruptcy

   When you file either a Chapter 7 or Chapter 13 bankruptcy, an “automatic stay” is created that stops almost every type of creditor action.  Your bankruptcy filing will stop most, but not all, eviction proceedings.

   Generally residential evictions in Georgia start when your landlord files an eviction lawsuit against you.  Section 44-7 of the Official Code of Georgia sets out the rules for the eviction process.  Unlike other types of lawsuits, an eviction suit does not necessarily have to be served on you personally.  The sheriff serving the lawsuit can deliver the eviction paperwork to any person residing in the premises or, if no one is home, the sheriff can tack the notice on the door.

   Service by “tacking” is somewhat unusual and can lead to a nasty surprise.  We frequently meet with clients who find that an eviction order has been entered, but the client never knew that the eviction notice had been filed and served.

   Because of this, we recommend that you contact our office sooner rather than later if you sense that your landlord has or will begin the eviction proceeding.

Your Bankruptcy Filing May Only Delay Your
Eviction by a Few Weeks

   In most cases, your bankruptcy filing will buy you some time but you should not depend on bankruptcy to restructure or extend your residential lease.  Your bankruptcy filing can be an effective tool to end an unwanted lease early, often with no adverse consequences.

   In 2005 the Bankruptcy Code was changed to limit the reach of the automatic bankruptcy stay in cases where the leasehold premises were in danger of damage.  There have been very few cases to interpret this new provision and we do not know how State Court judges will deal with this issue.

   If you are facing an eviction, a bankruptcy filing can be part of an overall debt management solution.  Remember that an eviction proceeding can also result in a judgment for damages against you for any remaining balance on your lease so you should not assume that an eviction will be the last that you will hear from your soon to be former landlord.

   Do not hesitate to contact our office to discuss your rights and your bankruptcy options if you are facing an eviction.