Can Bankruptcy Eliminate Back Rent Or An Eviction Judgment?

Yes, bankruptcy can eliminate both back rent and eviction judgments. Eviction judgments are straightforward, as you have presumably already been evicted from the premises and are just dealing with the debt. The debt is treated as a general unsecured creditor in bankruptcy and subject to the bankruptcy discharge.

Back rent is a bit trickier, as you are presumably still on the premises. If not, same analysis as above, the debt is general unsecured debt and subject to the discharge. If you are still on the premises, however, you will have two options. You can reject the lease, vacate the premises and eliminate the debt in bankruptcy. If you want to stay in the property, however, you will be required to catch up the past due rent and maintain payments under the lease going forward. You cannot discharge past due rent, pay the rent going forward and stay in the property.

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