Question Question about form B108 statement of intention? reaffirm the apartment lease?

[travel1000]

there are secured property and unexpired personal property sections. do not include real estate under instruction under unexpired personal property. Where is my apartment lease filling in? it seems only possibility to reaffirm my apartment lease in this form. Where can I reaffirm my apartment leasing?

[justbroke]

Do you have a guidebook? I highly suggest that you either go to the library to obtain or purchase one of the Filing Bankruptcy guidebooks.

• You can't reaffirm a lease. You can only reject or assume an executory contract or lease.
• There is no such thing as "unexpired personal property."
• Property is either "real" or "personal."
• An apartment lease is a lease so goes on the schedule for "executory contracts and unexpired leases" if it is not expired. I highly suggest you obtain 3-5 free consultations to talk about strategy of how to list an unexpired apartment lease and/or complete the creditor matrix. If you're on a month-to-month then your contract is likely expired.
• The Statement of Intentions is what you want to do with real and personal property along with unexpired executory contracts and leases.
• Reaffirmation is for for things such as vehicles, real property, and other things which you pledged or allowed a consensual lien as collateral to back the underlying promissory note. You don't reaffirm a lease. (See above.)

I don't think you're prepared to file this on your own. I would certainly go out to the local library and get the Nolo Guidebook to filing Bankruptcy or, in the alternative, to purchase the book.

There's just too much to try to help you on filing and there is also a line that I cannot cross when it comes to providing legal advice.

[travel1000]

I am sorry that I used wrong term. I should use assume. my lease is one year and expires on next January. I just search this forum. I find your old post. It is said that assuming apartment leasing need to fill in B108 statement of intention. motion need to be filed in some district. in form 108, there is two section creditor who has secured claim and unexpired personal property lease. So my question is same, which section is for my apartment lease?

[travel1000]

search some online forum, how to deal apartment lease from some lawyer post.
summery as follow.
1 fill out in 106G, omit the creditor matrix, fill out 108
2 omit all together
3 fill out 106 G, list on creditor matrix. fill out 108

[justbroke]

travel1000, how to complete the forms and whether or not to list on the creditor matrix is part of the strategy and is a legal question that I can't answer for you. My post, I believe, was related to rejecting a lease. You do not need to file any motion when assuming a lease.

As I wrote above, unexpired leases go on the Executory Contracts and Unexpired Leases form which is also known as Schedule G. Whether you put that particular creditor on the matrix is a matter of strategy and local practice.