Keep my apartment during Chapter 7 and a question about locating creditors....

[Esidedude88]

So, it's a possibility I may have file next year depending on how my foreclosure goes (deficiency or no deficiency). I've secured an apartment, but I was wondering what will happen when I file Chapter 7? Will my new landlord know? Can they evict me or choose not to renew my lease based on filing chapter 7? Obviously I plan on paying my rent and everything, but I just don't know how this works. Do they even care as long as they are getting paid on time?

Also, I have so much old outstanding debt (charge off, medical bills, blah blah blah) thats been sold multiple times that there's no way I can tell who even owns it anymore. Some of it was never listed on my credit report. I used to keep a file storage of my notices, but they were destroyed a few years ago accidentally during a move. Luckily, I kept an ongoing spreadsheet with names, amounts (if I knew them) and account #s if available. Will this be enough?

Thanks all!

[LadyInTheRed]

I don't think you have not notify the landlord if your rent is current and you do not have a long term lease (i.e., you are on month to month). If you have a lease, I believe you have to give your landlord notice and the trustee will either assume or reject the lease. If the lease is rejected, that may be grounds for eviction, but I am not certain. I suspect that your tenancy simply becomes month-to-month if you are current on rent and the eviction laws of your state will apply.

Whether your landlord can just decide to evict you because you filed bankruptcy probably depends on state and local laws. I can't find a federal protection from eviction in the case of bankruptcy, but that doesn't mean there is one. In my state, a landlord has to have cause to evict a tenant and filing bankruptcy is not cause if the lease is assumed and you keep paying rent. I would imagine that is common among states.

Do your best to list all the creditors you can think of. If you miss a creditor, as long as your case was a no asset case, the debt will be discharged anyway.

[bcohen]

When you file for Chapter 7, you have no reason to notify the landlord, and they have no way of knowing that you filed, because they don't re-check tenants' credit after move-in. If you have a lease, then you simply list the lease on Schedule G and on your statement of intentions you list the apartment lease with an intention of "assume/reaffirm".

Also, when it comes to very old debts, you should try your best to list everything, or at least list the original creditor if known. As long as your case is "no asset" you are fully protected even if you fail to list one or more debts.

[Esidedude88]

Thanks. This makes me feel better. Housing is something I'd like to not have to worry about. Anyone have any stories about finding a place to live after discharge? It seems like some people really struggle while others are ok...