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    Listing Creditor Question

    I am filing pro se in a few days and was wondering if I need to list my landlord? I would rather they not know as they may not renew my lease in August if they know I am in BK. Also, if I pay my rent on June 1st can the trustee try to seize the money from the landlord as a preferential payment? My rent is more than $600

    Thanks

    #2
    My attorney did not list my landlord on my petition, only the amount I pay for rent. I don't know if it has anything to do with the fact that I am not currently in a lease, just month to month.
    Filed 5/29/09
    Discharged 9/14/09

    Comment


      #3
      You still need to put your landlord on schedule G, but you don't need to put them on the creditors matrix. Pay your rent with a money order so you don't have to worry about it cashing from your bank account. It is not a debt and will not be considered preferential.

      Comment


        #4
        If I list them on the schedule G as you stated will they be notified in any way? I am using one of those Bankruptcy prep websites as I see no use for an attorney. I met with three and all three seemed shady. I have no assests anyway.

        Comment


          #5
          Originally posted by anewday View Post
          If I list them on the schedule G as you stated will they be notified in any way? I am using one of those Bankruptcy prep websites as I see no use for an attorney. I met with three and all three seemed shady. I have no assests anyway.
          Maybe. Those on-line websites are interesting.

          Anyhow, putting it on Schedule G, may automatically put it on your creditors matrix. Just be sure to "remove" the landlord from the creditors matrix before submitting it to the court. Make sure you remove them from the creditor matrix validation (paper copy) and the "disk" (electronic) copy.

          Good luck.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            I rent an apartment and the landlord's name was nowhere on any of my paperwork. As a matter of fact, they allowed me to renew my lease this month, just 2 months after discharge. I don't think they have any clue that I filed.
            Chapter 7 Filed: 12/22/08
            341 Meeting: 1/22/09
            Discharged and Closed: 3/24/09

            Comment


              #7
              with landlords, i believe they would find out only if they are holding a security deposit, because a security deposit is considered your money, i.e. an asset. the trustee might require the landlord to hand it over to pay your debts. if you didn't pay a security deposit, you have no problem. If you did, maybe check first if the landlord put it in an account under your name (that's what the landlord is supposed to do; if he did so, he would have told you within a few weeks of moving in). if the landlord put it in your name, you have to list it as an asset. if the landlord didn't, then you have a very good excuse for not listing it in your bk - the landlord already took it (illegally) and it's not really yours. if you don't include it in your bk, though, don't ever ask for it back from the landlord...
              filed ch7 May 09
              341 june 09
              discharged, closed Aug 09

              Comment


                #8
                My landlord and my soon-to-be-exes landlord did not find out, but they are listed on schedule G, which is a required entry. We have security deposits with both, which are listed on schedules B and C, but the deposits are exempt in Colorado. I did not use software to fill out my paperwork, so I know for a fact that they were not on the creditors matrix.

                Comment


                  #9
                  i used an lawyer to fill out my paperwork, but i filed Pro Se. he told me not to list my landlord as i wasnt in a lease. my $1200 rental depo is included in my exemptions. no probs. filing/341 went fine, now awaiting discharge.

                  Comment

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