NEED HELP! We signed a lease on a house in July 2009, we filed for BK Chapter 13 in September 2009. We want to move. This house is depressing. We already have a new place lined up. Can we break this lease and put whatever is left on our lease into the payment plan?
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If you were current on your lease when you filed, then breaking the lease and any financial penalties will happen well *after* you filed. Also modifying a 13 plan after confirmation is done only because of long-lasting changes in income or expenses. Leaving a lease voluntarily just because you want to doesn't qualify. I'm betting your lawyer says no because of both counts.Originally posted by SLOOZEN76 View PostI am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go -
Did you list your lease in your plan? Also, was your landlord listed as a creditor? If you have not been confirmed, it is possible that you could amend your plant to change the status of your lease, from "assumed" to "rejected". This could impact your schedule J and disposable income.Chapter 13 Filed (Pro Se) - 9/30/09
Confirmation Date - 12/1/09
Stats - $1752/month, 29/36 completed, 4% to Unsecured, Lien Stripped 2nd MortgageComment
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