Answer 1/4 - Submitted 1/9/2012
No, the bankruptcy will not erase an eviction. In most states, an eviction proceeding is to obtain possession of a property. The landlord must then take the former tenant to small claims court to recover unpaid rent and legal fees. The bankruptcy will remove the small claims court settlement as the landlord is technically a small creditor. However, the eviction will remain as there is no financial obligation tied to it.
Answer 2/4 - Submitted 1/9/2012
Hi, Hitparade957, and welcome to WebAnswers.
A discharge of debts obtained through a successful bankruptcy petition does not erase your pre-bankruptcy filing credit report information, except that the balances owed for each creditor discharged should be zero.
So, any eviction reported in your file will remain for at least seven years. If your landlord obtained a judgment for past due rent in addition to a writ of possession, it will also remain, with a zero amount owed.
Thank you for your question.
Answer 3/4 - Submitted 1/9/2012
As the others have said, no, a bankruptcy will not take the entry for the debt owed to your landlord that resulted in the eviction off from your credit report.
A bankruptcy discharges you from any obligation to have to pay on the debts that you listed in your bankruptcy proceeding. A bankruptcy does not, however, erase those items off your credit history. They will still show up for 7 years with no amount owing and might include some kind of notation of being discharged in a bankruptcy,
Answer 4/4 - Submitted 1/9/2012
Unfortunately, bankruptcy has little impact on evictions recorded under your name. If you were kicked out of an apartment, then it's considered an entirely separate matter. Your bankruptcy only relates to liquidating bad debt that you cannot pay off.
Similarly, a bankruptcy filling won't erase a foreclosure either. It's not that uncommon to have both on your record, though. Many people who file bankruptcy also end up with foreclosures or evictions on their records. This is because the filling is only used as a last resource after money to pay bill has run dry.
On the other hand, bankruptcy can sometimes be used without being joined by a foreclosure or eviction. Sometimes, it can prevent these things, assuming the person still comes up with enough money to pay their rent or mortgage.
The inability to wipe off evictions is one definite limitation of bankruptcy. So, if you have one on your record, don't expect it to go away if you're bankrupt.
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