The Automatic Stay is what goes into effect as soon as your bankruptcy is filed and it is what protects you from the collection processes of your creditors such as garnishments, foreclosures, repossessions, levys, collection calls and even evictions.
In certain cases Debtors do not have the protection of the Automatic Stay. Should a judge evict you from your home, you will need to abide by that eviction order even if you file bankruptcy before you are supposed to leave the home.
Because of this, if you have received a 3-Day Notice to Quit from your landlord, you should contact your attorney immediately. These notices are also often called Notice to Quit or Evict and/or Notice to Pay or Vacate. These notices will usually be posted on your door but can also be mailed, either certified or otherwise.
If you are in the process of preparing to file for bankruptcy and you are under the threat of eviction, you need to discuss this with your attorney and understand what kind of deadlines you are working under.
Legal Aid of Nebraska represents low-income individuals in Landlord/Tenant disputes. If you are facing an eviction for non-payment of rent, you would be well-advised to review their Landlord Tenant Handbook and apply for their services. We would love to represent you in all of your legal matters; however, we are not a non-profit organization and we can only provide Pro Bono services on a very limited basis.
Additionally, if you have filed bankruptcy within the past year and it was dismissed, the stay is not automatic. Your attorney must request for the protection from the Court and the Court could deny your request.