top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Rental security deposit

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Rental security deposit

    I have $2750 in a security deposit with my landlord, where does that fit into the BK in NY. According to the expemptions, I don't think it qualifies. I will not have access to this money unless I move out, and once I do move out, I have to use it for a deposit on the next place. How does this work?

    #2
    That security deposit is not an assett - because you don't really have it. The landlord does.

    Comment


      #3
      there is a place it has to be listed in the schedules. i don't have my filing handy because i just moved, or i'd tell you exactly which schedule. look into it.
      Filed 7/28/08, Discharged 10/29/08
      (filed pro se: nonconsumer no asset CH7)

      Comment


        #4
        Originally posted by magyar123 View Post
        That security deposit is not an assett - because you don't really have it. The landlord does.
        I wonder if that varies by state, because here in WA it is considered an asset that you have to cover with the wild card.
        BKForum Blog: The Journey

        sigpic

        Comment


          #5
          Originally posted by magyar123 View Post
          That security deposit is not an assett - because you don't really have it. The landlord does.
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment


            #6
            When I filed here in CA in 2004 - it was not considered an assett. Of course that was before Bush and his banking cronies changed the laws in 2005.

            Comment


              #7
              There is a place right on the petition to list the sec dep - it is considered an asset.
              Filed CH 7 9/30/2008
              Discharged Jan 5, 2009! Closed Jan 18, 2009

              I am not an attorney. None of my advice is legal advice in any way..

              Comment


                #8
                Originally posted by magyar123 View Post
                When I filed here in CA in 2004 - it was not considered an assett. Of course that was before Bush and his banking cronies changed the laws in 2005.
                Ohhh, you mean a crony like Vice President Biden who was the SPONSOR of the 2005 bankruptcy laws.

                Keep in mind, the BK laws passed in both houses with well over 2/3 majorities.

                But I digress, a rental deposit is an asset, but nothing becomes of it because the landlords claim to the deposit supercedes that of the trustee. Without getting too technical, think of the deposit like a secured asset.

                Comment


                  #9
                  Nice! So does that mean you don't have to use your wild card exemption for it?? I thought we were going to have to...
                  BKForum Blog: The Journey

                  sigpic

                  Comment

                  bottom Ad Widget

                  Collapse
                  Working...
                  X