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Posted on in Financial Crisis

The current federal eviction moratorium comes with a number of qualifications and conditions. Be aware of them. It’s a limited but helpful tool.

Our last three weekly blog posts have been about the new Agency Order temporarily stopping many residential evictions. This Order by the Centers for Disease Control and Prevention (“CDC”) went into effect on September 4, 2020. It expires on December 31, 2020, when all unpaid rent will be due and evictions can resume.

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Use Chapter 13 to catch up on back rent that piles up during the eviction moratorium, so that you can stay in your rental long term.


Our blog post two weeks ago was about a recent federal order temporarily stopping certain residential evictions throughout the country. Check out that blog post to see who is covered and how to take advantage of this eviction moratorium.

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TX bankrupcy lawyer, Texas bankruptcy attorneyWhen you file for protection under the U.S. Bankruptcy Code, the bankruptcy court will automatically issue a stay that stops all collection activities by creditors. The automatic stay is a court order that prevents creditors from calling you, sending you letters, and otherwise pushing you to pay what you owe them. The stay is meant to be a form of relief that gives you the chance to get organized as you approach your bankruptcy proceedings. If you are subject to a child support order, however, it is important to understand that the automatic stay will not help you with that particular obligation.

How the Automatic Stay Works

Whether you are filing Chapter 7 or Chapter 13 bankruptcy, the bankruptcy code recognizes that you will need time and space to sort out your thoughts and to prepare for the proceedings without creditors bothering you at all hours of the day. The automatic stay is meant to give you that time and space. The stay also serves as the proverbial “line in the sand” as well, meaning that once the stay is issued, collection efforts cannot resume until the bankruptcy proceedings are complete or the creditor obtains the express permission of the bankruptcy court to contact you again. In the meantime, you will not be at risk of foreclosure, eviction, wage garnishments, or even having your utilities shut off.

Child Support Is an Exception

If you currently pay child support, the automatic stay will not help your required payments nor will it prevent collection activities if you are behind on your support obligation. The automatic stay is intended to give you relief, but not at the expense of your child’s best interests. You must continue making your child support payments during the bankruptcy proceedings, or you could be subject to collection efforts by state agencies or the court.

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The CDC’s recent order stopping all U.S. residential evictions gives you a new tool to use with some wise bankruptcy planning.

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Posted on in Financial Crisis

The Centers for Disease Control and Prevention (CDC) just asserted its COVID-fighting power to stop most residential evictions through 2020.

On Friday, September 4, 2020, a federal order went into effect temporarily stopping certain residential evictions throughout the country. Issued by the Centers for Disease Control and Prevention (“CDC”), it’s titled “Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19.” The legal basis and purpose of the Order is “to temporarily halt residential evictions to prevent the further spread of COVID-19.”

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