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    Renting during Chapter 13

    Does renting a new place need to approved by the trustee if it doesn’t affect our plan payment? (in other words, we will be able to afford it)

    We have two mobile homes (mortgaged). One is ours (mine and husbands), the other is my elderly mother’s. The trustee allowed us to keep both homes. We pay our mortgage as it was originally stated, and her mortgage was crammed down in the Chapter 13 (it’s listed as a rental property).

    Her home has become a health hazard. Her house started leaking sewage at the main sewer pipe. The plumber they sent out 4 months ago didn’t put the cap on the pipe, and so for this whole time, raw sewage has been seeping out under the house. We didn’t notice, because we were in the winter months, and now that the temps have gone up to 80/90 degrees, the smell suddenly started happening. The complex sent out another plumber 3 times already and for now, they claim they have fixed it, and put down lime. But, the house inside and outside still smells hideous. The complex (who is responsible for anything underground) has been trying to work with us. But, my mother’s house is a wreck. It was a fixer upper when we got it.

    The county has said that if they come out to inspect, they are going to condemn the home because of the sewage issue. So, I’m trying to find the best solution since obviously condemning the home would put my mother out on the street.

    There is a home in the same community for rent. I’m talking with the community to see about renting that home, so that me and my husband can move there, then my mother just moves into our home.

    It won’t change the plan payment, we can manage to rent this home and still keep the payment as is. Do we have to get permission from the trustee? I’m waiting to hear from our attorney. When I explained the situation to him, he said the smartest thing would be to rent my mother a new place, but didn’t tell me if I had to get permission from the trustee.

    Thanks for any insight!

    #2
    I don't think this is an issue, especially where it doesn't affect the plan. A new lease would not be "credit" and I think you're allowed to rent a home without the need to notify the Trustee of the Court.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      I agree that you don't need trustee approval to lease a home. But, what are your plans for your mothers current home?

      If you want to walk away from it, which sounds like may be a good idea, you will probably need to amend your plan.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        What Lady said -- consider amending your Plan to surrender your mom's home so you're done with it.

        Comment


          #5
          Thanks for the insight. I'm waiting to hear back from the community who is trying to "work with me" in regards to my mother's property, so hopefully we can figure this out. I just wasn't sure if leases were deemed as credit, as I don't want to piss off the trustee and risk the plan. Thanks again!

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