Can bankruptcy help with eviction even when you’ve lost your job? by readerquestion | Sep 24, 2013 | 2 commentsCan ya’ll still help with eviction, even when you lose your job and looking for another job but need a place to stay?2 Comments Jeff Jenkins on October 3, 2013 at 5:21 pm Thank you for sending us your question: Can bankruptcy help with eviction in NJ even when you lost your job?If someone is behind with the rent on their residence and they want to stay in that residence, we need to do a paying kind of bankruptcy called a Chapter 13. All chapters of bankruptcy, including Chapter 13 bankruptcy, invoke what is known as an automatic stay. The automatic stay is a court ordered injunction that prevents creditors from continuing with collection efforts. Lawsuits, and eviction proceedings are covered. However, as I’ll explain below, the current state of your eviction (whether your landlord has obtained a judgment for possession) will be a big factor in deciding whether bankruptcy can help with your eviction.In the Chapter 13 you would be making monthly payments to the Chapter 13 Trustee to take care of the arrears that existed on their lease when the bankruptcy was filed and they would also have to resume making their normal monthly rental payments after the bankruptcy was filed. In essence, you pay back a small amount of your past due rent each month plus what you would normally pay to your landlord.The state of the law now is such that unless you can post all pre-petition (before the bankruptcy was filed) arrears with the bankruptcy court clerk and follow several other procedures, you must file the Chapter 13 before the landlord obtains a judgment for possession which would occur on the day landlord/tenant court is scheduled. If the landlord has a judgment for possession and you do not have all the pre-petition rent arrears, then the Chapter 13 will not help you stay in that particular residence. If you file before a judgment for possession is obtained, it is possible to stay in your apartment and pay back the past due rent in small increments as described above.As far as whether you have a job or not, when you do a Chapter 13 you need to have regular income and regular income can be many things. It does not necessarily have to be a normal job, it could be social security, disability, unemployment or perhaps family members are assisting you financially each month. The bottom line is that you need to have sufficient income from whatever source to pay your normal monthly bills plus the Trustee payment that would take care of the pre-petition rent arrears. So, while you do not have to have a job to file a Chapter 13 and stop the landlord from getting the judgment for possession, which would ultimately lead to an eviction, you need to have some source of income to fund a chapter 13 plan. Reply RODNEY on February 4, 2015 at 11:15 am I AM IN THE STATE OF EVICTION AND WAS JUST LAID OFF YESTERDAY. 3/1/15 IS WHEN I HAVE TO LEAVE. THERE IS NO COURT ORDER JUST A NOTICE FROM MY LANDLORD. HE WANTS TO OCUPY THIS APT. HIMSELF. HE IS NOT BEING HELPFULL. WHERE DO I STAND? ReplySubmit a Comment Cancel replyYour email address will not be published. Required fields are marked *CommentName * Email * Website Save my name, email, and website in this browser for the next time I comment.