What about EXPIRED rental leases?

[SevenFilerCA]

I filed for Chapter 7 a couple of weeks ago, and I had read my first year's lease carefully to make sure that it did not state that it became "month-to-month" after the first year. It doesn't, it just runs out. I am past the first year, and am up-to-date on all my monthly payments, and still living in the unit, with the landlord still holding the security deposit. Do I have to declare this on Schedule G if there is no lease?

When I moved in, the landlord's agent said the most important thing about me was that I had never filed for bankruptcy. I have been a model tenant and am in the apartment a total of 18 months, so I'm 6 months past the lease, and everybody in the rental office seems to like me. But I am afraid that if I list him, and he is contacted, that he will throw me out (there aren't any laws against that in the county I live in.)

Thanks to anybody who knows the answer to this. I am listing the security deposit as an asset. Maybe that means I have to list on Schedule G?

[dingdong]

I am a no asset, ch 7

I listed nothing on Schedule G, but did list my security depsit as an exempt asset.

My situation was a little different as my LL had not paid the mortgage since I moved in and the house was in foreclosure during my BK, the bank bought it back last month. So I really didn't have a rental agreement any longer.

The definition of an executory contract is a contract past 30 days ( I believe)

I was not questioned about my rental agreement whatsoever.

I believe if you have a lease that you are liable for it would be important to list it as you would be discharged from further execution of the contract if you wanted, however you could probably argue that a rental agreement is not an executory contract or lease.

Of course, listing it will probably give you some protection from any snafus, but I don't think it is anything to worry about ( listing it)unless the rent is extremely high and a hardship and the trustee wants you to find a cheaper place in a Ch 13.

i do not believe they call your LL re your rental agreement, if that is what you are worried about.

[justbroke]

You don't need to list the lease, but you do need to list the deposit, as it is an asset.

[StartingOver08]

I am a no asset, ch 7

The definition of an executory contract is a contract past 30 days ( I believe)

Actually an executory contract is a contract that still has unfullfilled obligations by one or both of the parties.

See this definition from wikipedia:

[edit]

[justbroke]

Even more fun.. "executory contracts" are not defined in the Bankruptcy Code.

[HHM]

Technically, you are month to month now. Once the lease expires, you automatically go month to month regardless.

Since you are current on your lease, you do not need to list it. But as was previously mentioned, you technically must list the deposit as an asset, but if you haven't done so, you don't need to amend your petition.

[SevenFilerCA]

Thank you all for your help. It looks like I did it right. I really appreciate your prompt replies.