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    #1

    Vehicle with roommate/landlord

    My roommate/landlord is filing bankruptcy. He has a lawyer and a case number, but nothing has been filed as of yet. However I took a phone call from one of the credit card companies (BOA) and they told me they didn't care if he has a case number, they could still file a lien against his house.

    Do the creditors come out to the house to take inventory or is it the trustee? He has already had the trustee out here and he has done the consumer counseling.

    Also there is a vehicle we have both of our names on. Do I need to start looking for another vehicle because his name is on it? I have paid on it for the last 3 yrs and there is only 2400 left before it is paid off.
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    #2
    Your post doesn't make a whole lot of sense, so you will need to clarify some things. If he has a lawyer and a case number, the critical thing here is the case number, then that means he filed for BK. Now if this "case number" is just an internal file number for the attorney than he/she has not filed as of yet ( based on the non-case number). By the way a case number will look like this 08-45678 or 09-45678.

    In regards to the creditor, if they are unsecured (i.e. credit card) and the friend filed BK, then they can't put a lien against the house. In regards to the car loan in both your names, it will depend on if he surrendered the vehicle or is reaffirming(which means re-agreeing the debt post-filing) the debt. Most likely if the loan is current and has equity, I have to believe he/she is re-affirming the debt. Here is a crazy idea, ask him.

    Good Luck
    Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

    Comment

      #3
      The execution of this contract roommate does not change the joint responsibility of the tenant in the lease with the landlord. However, it can be used if a dispute arises between roommates.

      Comment

        #4
        Originally posted by jeenamenon View Post
        The execution of this contract roommate does not change the joint responsibility of the tenant in the lease with the landlord. However, it can be used if a dispute arises between roommates.
        I'm thinking his roommate IS his landlord? Clarification MidnightSun?
        Filed pro se, made it through the 341, discharged, Closed!!!

        Comment

          #5
          The trustee came out to the house?

          Comment

            #6
            Guys, do you realize you're responding to a thread that's almost 2 years old?
            Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
            AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

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              #7
              The execution of this contract roommate ....this sounds really bad, is this a mafia bankruptcy...
              Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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                #8
                Originally posted by tcreegan View Post
                The execution of this contract roommate ....this sounds really bad, is this a mafia bankruptcy...
                I say "if they can't pay, shoot 'em"! LOL
                and yeah, joe, I realized too late that the OP posted this ages ago. The new poster makes for some good chuckles though....especially when tom chimes in
                Filed pro se, made it through the 341, discharged, Closed!!!

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