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Roger
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Category: Bankruptcy Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I am currently filling out Arizona Chapter 7 bankruptcy paperwork

Resolved Question:

I am currently filling out Arizona Chapter 7 bankruptcy paperwork on my own. I had planned on filing for bankruptcy anyway because I was unemployed for 9 months of last year and fell into significant debt, but I have had to expedite my filing to attempt to avoid being evicted for being behind in my rent. My question is this: in the petition it is asking me if I am submitting payment for my rent for the month of May at the time of my filing. I am not able to pay the May rent at the time of filing (which would be tomorrow), but would be able to pay it on time on May 1st. Will this affect any potential stay in my eviction?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

Filing bankruptcy will temporarily stop you from being evicted as the landlord will have to file a motion to lift the automatic stay with the bankruptcy court before it is allowed to proceed with eviction. Thus, you will be afforded about 30-60 additional day before the eviction would begin.

However, if you're behind on your rent, then the landlord still has the right to evict you - - - but it would certainly buy you some time. Also, it may be possible to work something out with your landlord to catch up the rent and continue to stay.

However, as for the form, it should be filled out as if you will pay rent for May as it comes due.
Customer: replied 1 year ago.

Hello Kirk,


 


Thank you for your answer, that's very helpful. I have one more question. Having dug into the forms that I need to file for the Chapter 7 I can see I'm in over my head and need to get an attorney. I see that I am allowed some time for the additional forms, schedules, etc... (7 days for some, 14 for others) and would have an attorney do those, hopefully in a timely manner... etc...


 


My immediate question is this: what forms exactly do I need to file for the petition to stay the eviction? Just the petition form that indicates my name, what chapter, etc? I also have completed and have the certificate of counseling that is required prior to filing. As the eviction hearing is on Tuesday I am going to file with the Bankruptcy court tomorrow and want to make sure before I go downtown I have done what I need.


 


Thank you for your help!

Expert:  Roger replied 1 year ago.
Yes, a local bankruptcy attorney should have access to any necessary documents you will need for filing.

Also, there's no requirement to file anything to get the automatic stay - - it occurs automatically when you file your bankruptcy petition. So, you're protected as soon as your petition is filed.
Customer: replied 1 year ago.

I'm sorry, please clarify for me: I only need to file the petition form tomorrow? I just want to be sure that the petition form is the only one I need to file and all the additional schedules, etc.... can wait until I can get an attorney.


 


Thank you again!

Expert:  Roger replied 1 year ago.
No, you'll need to file more than just the short voluntary petition form. I was referring to the entire filing -- petition and schedules -- as the "petition". Here's a good link that outlines the forms you need to file: http://www.nolo.com/legal-encyclopedia/forms-you-must-file-chapter-7-bankruptcy.html
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26131
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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