Kemp, TX Bankruptcy Law Firms & Lawyers

If you got a discharge last time you filed in a Chapter 7 case then you need to wait 8 years to file again to file another Chapter 7 case or 4 years to file a Chapter 13 case if not eligible for a Chapter 7 case now.

You can be evicted from an apartment without a lease. If there is no written agreement, which is what a lease is, the tenancy is considered to be month to month. Your last question makes no sense and cannot be answered without more facts. As to being sued from a landlord during a chapter 7 bankruptcy, the landlord would have to move to lift the automatic stay and get the bankruptcy court to grant the motion. You know that you have to pay rent in order to stay in the apartment. Seek the advice of the attorney you used to file the bankruptcy. If you filed bankruptcy without an attorney, set up a consultation with one to learn more about your options.

You can always be evicted for not paying rent. If you have a bankruptcy filing then there is a way to get the unpaid rent taken care of via another method, and that can help in keeping the landlord from succeeding on an eviction case against you. It could be filed in the bankruptcy court or in the regular JP/eviction court (after getting the automatic stay lifted). But either way, filing bankruptcy does not mean you can force the landlord to keep you in his property for free. Subject to some non-bankruptcy laws about preventing housing discrimination, a landlord doesn't have to give a new lease to someone he doesn't want to; bankruptcy doesn't change that.