Chapter 7 and Apartment Eviction

[binky]

My question involves bankruptcy in the state of: Oregon

We filed for Chapter 7 bankruptcy on September 12th. Over the weekend, we received a notice from our apartment manager, that if we do not pay the balance owed in late fees, we will be evicted. We are current on all rent payments, but in the past (prior to filing) we paid rent late pretty habitually, since money was so tight... each time we paid late, we incurred a $75 late fee... no we owe close to $1000. Like I said, we have paid ALL rent payments and do not owe any back rent.

Can they evict us while we are in the process of bankruptcy? I thought we were protected under the automatic stay? We didn't include those late fees in our bankruptcy filing because we figured that would cause a bad relationship with apartment management... and we intend on paying them back, because we plan on living there for a few more years, till we are back on our feet again.

Are we safe? Or are we going to face eviction?

[M'sta Mikey]

I'm not a lawyer but suggest that you speak with your bankruptcy attorney regarding this. There is an "automatic stay" of sorts but it's limited in nature. In addition, the owing of late fees might not help your case much.

Again, consult your attorney as quickly as possible so you know where you stand.

[binky]

Thanks for your reply. I talked to my lawyer and the apartment manager and found out I am protected by the automatic stay. I plan on paying them what I owe before Thanksgiving... after I pay back the money, can I be evicted for no reason? I am in a lease.

[M'sta Mikey]

Only if you're resonsible for paying the rent and don't keep up with it. If you don't pay, you've violated the lease and then yes, you can be evicted.

If you pay and pay on time, you should have no worries.