Does anyone know if your landlord will get notified of your bk if you don't have a security deposit with them? I'm renting month-to-month from a friend of a friend and I don't want this guy to know about the bk. This is a house with 3 separate apartments and the owner of the house lives in one apartment, my friend has one, and I have one. He never asked for a security deposit from me. Thanks to anyone who can answer this for me.
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If you don't list the landlord on your creditor matrix, he/she will not be notified. I did pay a security deposit and my attorney made a notation to that effect in my paperwork but they were not listed as a creditor and therefore not notified of the BK.
Good luck!CH7 Filed 2/26/2009 (no asset)
341 Meeting 4/7/2009
Discharged 7/10/2009
Closed 7/28/2009 -
Really? I thought that if you had a lease then you have to to reaffirm just like you would with anything you were making payments on. I hope you're right and I'm wrong. And thanks--I need all the luck I can get.Originally posted by cupcake View PostComment
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Here's another thread on this issue:Originally posted by uneasy View Post
I'm pretty sure that an apartment lease doesn't need to be reaffirmed.CH7 Filed 2/26/2009 (no asset)
341 Meeting 4/7/2009
Discharged 7/10/2009
Closed 7/28/2009Comment
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I think you can get away with it because a M to M is not "technically" an executory contract, which I believe part of the definition of an EC is a contract past 30 days. Since M to M rental agreements expire after 30 days ( and then are renewed upon payment of rent or ended by notice) they are not technically executory in nature, although I have seen some folks disagree.
If you have a M to M and don't owe back rent, I personally woulddn't list the LL.
But that is my opinion only, not legal advice.Comment
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Great. It looks like this won't be a problem. HHM says that they don't have to be listed on the mailing matrix even if you have a lease and I don't even have a lease. One less thing to worry about. Thank you.Comment
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