Does filing bankruptcy stop an eviction that has already gone to judgment?

Generally not on its own. Under 11 U.S.C. § 362(b)(22), the filing does not stay the continuation of an eviction where the landlord obtained a judgment for possession before the petition date. A narrow 30-day window may be available under § 362(l), but only where state law gives you the right to stay by paying the entire delinquent amount, and only if you complete the certification and deposit.

What if the landlord has not gotten a judgment yet?

Then the § 362(b)(22) exception, which is written around a judgment already obtained, does not apply on its face. In that situation the general stay under 11 U.S.C. § 362(a) commonly reaches the continuation of the eviction proceeding and the collection of the rent debt. A landlord can still ask the court for relief from the stay under § 362(d), and courts hear those motions on the schedule § 362(e) sets.

How long does the 30-day eviction stay last, and can it be extended?

It runs 30 days from the date you file the petition. Official Form 101A explains that to keep the protection beyond that period you must pay the entire delinquent amount stated in the eviction judgment before the 30 days end, file Official Form 101B, and serve your landlord with a copy. Missing any of those steps generally ends the protection.

What form of payment does the court accept for the rent deposit?

Certified funds only, in every district in our source set. Hawaii's guidance states the deposit must be a money order or certified or cashier's check and that no personal checks or cash will be accepted. Kansas says the same. The payee differs by district: Idaho requires it payable to the clerk of the court, while Rhode Island and E.D.N.Y. require it payable to the lessor.

What happens if I file the certification but the landlord disagrees with it?

The landlord gets an objection window. In the Eastern District of New York the lessor has 14 days from the clerk's notice to consent to receive the check or file an objection, and that objection is treated as a request for a hearing. Rhode Island and Idaho use the same 14-day structure, and a landlord who does not respond is generally deemed to have consented.

Does this work if the eviction is not about unpaid rent?

The § 362(l) cure route is built for monetary defaults behind a possession judgment, so it does not reach every eviction. 11 U.S.C. § 362(b)(23) deals separately with eviction actions based on endangerment of the property or the unlawful use of controlled substances there. If your landlord's case rests on conduct rather than arrears, the analysis is different and worth reviewing with a lawyer.

Can a prior bankruptcy case affect whether the stay helps me?

Yes. The District of Arizona's consumer pamphlet explains that if you filed within the past year and that case was dismissed, the automatic stay may protect you only for 30 days after the new case is filed, subject to a good-cause showing. If two or more cases were dismissed in the prior year, the stay may not take effect at all absent a court order after a hearing.

Will bankruptcy wipe out the back rent I owe?

Rent arrears are generally treated as a debt that can be addressed in bankruptcy, subject to the exceptions to discharge in 11 U.S.C. § 523. Discharging the debt is a separate question from keeping possession of the apartment. It is common for the money obligation and the right to stay in the unit to end up with different answers, which is exactly why the § 362(l) cure requirement exists.

Creditors & collection actions

Bankruptcy and Eviction: Does Filing Stop a Landlord?

Filing bankruptcy generally triggases an automatic stay that halts most collection, but eviction is a major exception. Under 11 U.S.C. § 362(b)(22), if your landlord already obtained a judgment for possession before you filed, the stay does not apply to that eviction. Section 362(l) offers a narrow 30-day window if state law lets you cure by paying the delinquent rent.

Key points

Whether bankruptcy pauses an eviction turns almost entirely on one question: did the landlord get a possession judgment before or after you filed.
If no judgment existed when you filed, the automatic stay under 11 U.S.C. § 362(a) generally applies to the eviction like any other collection action.
If a judgment already existed, 11 U.S.C. § 362(b)(22) excepts that eviction from the stay unless you use the § 362(l) certification-and-deposit procedure.
The § 362(l) route only works where state or other nonbankruptcy law gives a tenant the right to stay by paying the entire delinquent amount.
Evictions for reasons other than unpaid rent, such as property endangerment, are handled under a separate exception and the § 362(l) cure route does not reach them.

If you have an eviction notice or a court date and you are reading about bankruptcy, you are looking for time. Bankruptcy can sometimes buy it, and sometimes it cannot, and the difference usually comes down to what has already happened in the landlord's case against you. This page explains the federal rules, what changes the answer, and what to have in hand before you talk to anyone.

How does the automatic stay actually work against an eviction?

When a bankruptcy petition is filed, 11 U.S.C. § 362(a) operates as a stay of a long list of creditor actions, including "the commencement or continuation" of any proceeding against the debtor that could have been started before the case, and "any act to obtain possession of property of the estate or of property from the estate." A residential lease is property that can be swept into that framework, which is why an eviction proceeding can fall under the stay at all.

The stay is automatic. Nobody has to ask for it, and as the District of Maryland's court materials put it, filing "automatically prevents, or 'stays,' debt collection actions against the debtor and the debtor's property" (Bankr. D. Md. official page — Legal Overview).

But § 362(b) then lists things the filing does NOT stay. Eviction sits in that list, in two separate places, and that is where most tenants' expectations and the actual law part company.

The stay arises the moment the petition is filed, without a hearing.
It reaches lawsuits, judgment enforcement, garnishments, and collection calls.
Section 362(b) carves out exceptions, and residential eviction is one of them.
A landlord can also ask the court for relief from the stay under 11 U.S.C. § 362(d).

What changes the answer in an eviction case?

The single biggest variable is timing. Under 11 U.S.C. § 362(b)(22), the exception is written around a landlord who "has obtained" a judgment for possession before the petition date. The District of Arizona's consumer pamphlet states the practical version plainly: if you file "in order to stop an eviction from a residence you rent or lease, the landlord will be able to continue with that eviction if the landlord obtained a judgment before you filed your bankruptcy case" (U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter).

The second variable is the reason for the eviction. Section 362(b)(22) is aimed at possession judgments; 11 U.S.C. § 362(b)(23) addresses eviction actions based on endangerment of the property or unlawful use of controlled substances there. The § 362(l) cure procedure is written for possession judgments, not for the endangerment category.

The third variable is your recent filing history, because prior dismissed cases can shorten or eliminate the stay entirely.

What the timing usually means
Situation on the day you file	General effect of the filing
No eviction case filed yet	Stay under § 362(a) generally applies to the collection of the rent debt
Eviction case filed, no judgment yet	Stay generally applies to continuation of that proceeding
Judgment for possession already entered	§ 362(b)(22) exception applies unless the § 362(l) route is used
Eviction based on endangerment or drug use	Addressed separately under § 362(b)(23), not the § 362(l) cure route

What does federal law say about a pre-petition eviction judgment?

Two provisions work together. Section 362(b)(22) removes the automatic stay's protection where the landlord already holds a judgment for possession of residential property in which the debtor resides as a tenant. Section 362(l) then creates a conditional, temporary exception to that exception.

The Rhode Island bankruptcy court summarizes the pairing: the 2005 amendments "as codified in 11 U.S.C. §§ 362(b)(22) and 362(l), create certain rights and obligations with respect to the cure of a monetary default giving rise to a pre-petition judgment of possession regarding residential property in which the debtor resides as a tenant under a lease or rental agreement" (R.I. LBR 4001-4).

Critically, the § 362(l) route is conditioned on state law. As the Western District of Louisiana explains, the rule "applies solely to cases where an individual debtor is a tenant under a lease or rental agreement where said property is in a jurisdiction that gives a tenant the right to stay in the residence under state law or other applicable non-bankruptcy law by paying the landlord the entire delinquent amount" (W.D. La. LBR 4001-3).

§ 362(b)(22) — the exception that lets a pre-petition possession judgment proceed.
§ 362(l) — the certification-and-deposit procedure that can pause it for 30 days.
§ 362(b)(23) — the separate exception for endangerment and controlled-substance grounds.
§ 362(d) — a landlord's route to ask the court to lift the stay in other situations.

Where do state and local rules change the outcome?

State law decides whether the § 362(l) door is even open, because the required certification is that under "applicable state or nonbankruptcy law, the debtor has the right to stay in the residence by paying the landlord the entire delinquent amount" (Bankr. D. Haw. LBR 4001-4). If your state does not give a tenant that post-judgment cure right, the certification cannot honestly be made, and the § 362(l) window is not available.

Local bankruptcy rules then control the mechanics, and they differ in ways that matter on a deadline. Vermont requires the petition to include Official Form 101A, a copy of the eviction judgment, a copy of the lease or an affidavit stating the monthly rent, and the rent payment itself (Vt. LBR 4001-2). Idaho requires the check be made payable to the clerk of the court (Bankr. D. Idaho LBR 4001-4), while Rhode Island and New York's Eastern District require it payable to the lessor (R.I. LBR 4001-4; E.D.N.Y. LBR 4001-4). Check your own district before you file. We do not publish a verified procedure for every district on this page.

Whether a post-judgment cure right exists is a state-law question.
Payee, delivery deadline, and required attachments vary by district.
Some districts require proof of service on the landlord as part of compliance.
Your state page and district page carry the specifics we have verified.

What does the 30-day procedure look like in practice?

The sequence is tight and documented on the official form itself. Official Form 101A tells a tenant that if you check both certification boxes, sign under penalty of perjury, and serve the landlord with a copy, "the automatic stay under 11 U.S.C. § 362(a)(3) will apply to the continuation of the eviction against you for 30 days after you file" (U.S. Bankr. Ct. D. Alaska, The Forms Individuals and Married Couples Need to File Bankruptcy).

To keep that protection past 30 days, the same form directs you to "pay the entire delinquent amount to your landlord as stated in the eviction judgment before the 30-day period ends," then file Official Form 101B and serve the landlord with a copy before the period ends.

The clerk's role is administrative. In Hawaii, the deposit must be a certified or cashier's check or money order payable to the landlord, and no personal checks or cash are accepted (Bankr. D. Haw. official guidance — Evictions and Rent Deposits). Where a debtor does not comply, the clerk files a notice that the 30-day stay of eviction does not apply.

File Form 101A with the petition, with the judgment attached.
Deliver certified funds for the next 30 days' rent as your district directs.
Serve the landlord and file proof of service if your district requires it.
Cure the full judgment amount and file Form 101B before day 30 to continue the stay.
Expect a 14-day landlord objection window in many districts.

What documents and information will you need?

Gather these before you do anything else, because the § 362(l) route is filed simultaneously with the petition and there is no practical way to assemble it afterward.

You need the landlord's exact name and mailing address, and in the Eastern District of New York also the telephone number and email address (E.D.N.Y. LBR 4001-4). You need a copy of the pre-petition judgment for possession. You need the monthly rent figure, supported by the lease itself or an affidavit where the district permits one (Vt. LBR 4001-2). You need certified funds in the correct amount, made payable to whoever your district specifies.

You also need the ordinary petition package, and it is not free. A Chapter 7 case carries a $245 filing fee (28 U.S.C. § 1930(a)(1)(A), (f)(1)), a $78 administrative fee, and a $15 trustee surcharge. Chapter 13 carries a $235 filing fee (28 U.S.C. § 1930(a)(1)(B)) and a $78 administrative fee. Installment and waiver options exist and are handled by application.

Court fees at filing
Item	Chapter 7	Chapter 13
Statutory filing fee	$245	$235
Administrative fee	$78	$78
Trustee surcharge	$15	Not listed

What should you ask a lawyer about this?

This is a deadline-driven problem with a permanent consequence, which makes it one of the situations where a short conversation with a bankruptcy attorney or a legal aid office is worth a great deal. Court clerks cannot help; the Western District of Kentucky notes its clerk's office is "prohibited by 28 U.S.C. Section 955 from giving legal advice" (Bankr. W.D. Ky. official guidance — Guide to Filing Bankruptcy without an Attorney).

Bring the eviction paperwork and the lease, and be direct about dates. The questions below get to the parts of the analysis that actually decide the outcome.

Does my state give me the right to stay by paying the entire delinquent amount after a possession judgment?
Has a judgment for possession already been entered against me, and on what date?
Is this eviction about unpaid rent, or is the landlord alleging endangerment or drug use on the property?
Can I realistically cure the full judgment amount within 30 days, and what happens if I cannot?
Do I have any prior bankruptcy filings that could shorten or eliminate the stay in a new case?
If I keep the apartment, what happens to the lease itself in Chapter 7 versus Chapter 13?

Frequently asked questions

Does filing bankruptcy stop an eviction that has already gone to judgment?: Generally not on its own. Under 11 U.S.C. § 362(b)(22), the filing does not stay the continuation of an eviction where the landlord obtained a judgment for possession before the petition date. A narrow 30-day window may be available under § 362(l), but only where state law gives you the right to stay by paying the entire delinquent amount, and only if you complete the certification and deposit.
What if the landlord has not gotten a judgment yet?: Then the § 362(b)(22) exception, which is written around a judgment already obtained, does not apply on its face. In that situation the general stay under 11 U.S.C. § 362(a) commonly reaches the continuation of the eviction proceeding and the collection of the rent debt. A landlord can still ask the court for relief from the stay under § 362(d), and courts hear those motions on the schedule § 362(e) sets.
How long does the 30-day eviction stay last, and can it be extended?: It runs 30 days from the date you file the petition. Official Form 101A explains that to keep the protection beyond that period you must pay the entire delinquent amount stated in the eviction judgment before the 30 days end, file Official Form 101B, and serve your landlord with a copy. Missing any of those steps generally ends the protection.
What form of payment does the court accept for the rent deposit?: Certified funds only, in every district in our source set. Hawaii's guidance states the deposit must be a money order or certified or cashier's check and that no personal checks or cash will be accepted. Kansas says the same. The payee differs by district: Idaho requires it payable to the clerk of the court, while Rhode Island and E.D.N.Y. require it payable to the lessor.
What happens if I file the certification but the landlord disagrees with it?: The landlord gets an objection window. In the Eastern District of New York the lessor has 14 days from the clerk's notice to consent to receive the check or file an objection, and that objection is treated as a request for a hearing. Rhode Island and Idaho use the same 14-day structure, and a landlord who does not respond is generally deemed to have consented.
Does this work if the eviction is not about unpaid rent?: The § 362(l) cure route is built for monetary defaults behind a possession judgment, so it does not reach every eviction. 11 U.S.C. § 362(b)(23) deals separately with eviction actions based on endangerment of the property or the unlawful use of controlled substances there. If your landlord's case rests on conduct rather than arrears, the analysis is different and worth reviewing with a lawyer.
Can a prior bankruptcy case affect whether the stay helps me?: Yes. The District of Arizona's consumer pamphlet explains that if you filed within the past year and that case was dismissed, the automatic stay may protect you only for 30 days after the new case is filed, subject to a good-cause showing. If two or more cases were dismissed in the prior year, the stay may not take effect at all absent a court order after a hearing.
Will bankruptcy wipe out the back rent I owe?: Rent arrears are generally treated as a debt that can be addressed in bankruptcy, subject to the exceptions to discharge in 11 U.S.C. § 523. Discharging the debt is a separate question from keeping possession of the apartment. It is common for the money obligation and the right to stay in the unit to end up with different answers, which is exactly why the § 362(l) cure requirement exists.

Sources

11 U.S.C. § 362 — Automatic stay · official source
11 U.S.C. § 523 — Exceptions to discharge · official source
R.I. LBR 4001-4 — Automatic stay of eviction proceedings in which lessor has obtained judgment or possession prior to date of filing
W.D. La. LBR 4001-3 — Payment and cure of pre-petition judgment of eviction involving residential property
E.D.N.Y. LBR 4001-4 — Payment and cure of pre-petition judgment of possession involving residential property
Bankr. D. Haw. LBR 4001-4 — Rent Deposit
Vt. LBR 4001-2 — Automatic stay — debtor's assertion of exception for lease of residential property under § 362(l)
Bankr. D. Idaho LBR 4001-4 — Payment and cure of pre-petition judgment of possession involving residential property
Bankr. D. Haw. official guidance — Evictions and Rent Deposits — Evictions and Rent Deposits
Bankr. D. Kan. official guidance — Eviction Judgment Procedures — Eviction Judgment Procedures
U.S. Bankr. Ct. D. Alaska, The Forms Individuals and Married Couples Need to File Bankruptcy — Official Form 101A, Initial Statement About an Eviction Judgment Against You
U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter: What can Bankruptcy do for you? What will it do to you? — Choosing Your Chapter
Bankr. D. Md. official page — Legal Overview — Legal Overview
Bankr. W.D. Ky. official guidance — Guide to Filing Bankruptcy without an Attorney — Guide for Pro Se Filers
28 U.S.C. § 1930(a)(1)(A), (f)(1) — Bankruptcy filing fees
28 U.S.C. § 1930(a)(1)(B) — Bankruptcy filing fees
Bankruptcy Court Miscellaneous Fee Schedule, Item 8 — Administrative fee
Bankruptcy Court Miscellaneous Fee Schedule, Item 9 — Chapter 7 trustee surcharge

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Last reviewed July 26, 2026 · Sources verified July 26, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

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