Executory Contracts - Will Landlord Know?

[ApresMoi]

I looked over a few of the forms that are in NOLO (Ch. 7) and see that 'executory' contracts (I think that's the word) have to be listed on one of them. In other words, any contractual agreement such as (I assume) rental agreements have to be listed.

Question: Will my landlord know I have filed? I signed a year's lease when I first moved in (years ago) but am now on month to month. I've never been late on rent. If my landlord knows, the entire neighborhood will know. :-)

Also, what about the storage rental agreement? Will they know? Thank you.

[Hope2File]

I am pretty sure our landlord did not find out. We did list our lease on the appropriate form, along with his name & address, but I did not list him on the creditor matrix (this may be my mistake, who knows). I check PACER regularly and thus far nothing has been sent to him.

We actually thought about telling him beforehand but didn't, we decided to wait and see if anything was sent to him. Although in your situation I don't blame you for not wanting him to know.

[ApresMoi]

I am pretty sure our landlord did not find out. We did list our lease on the appropriate form, along with his name & address, but I did not list him on the creditor matrix (this may be my mistake, who knows). I check PACER regularly and thus far nothing has been sent to him.

We actually thought about telling him beforehand but didn't, we decided to wait and see if anything was sent to him. Although in your situation I don't blame you for not wanting him to know.

I wonder why they want to know about a rental agreement. Thanks for info. I hope you are right. Watch out for gossipy property managers/owners, that's all I have to say. They gossip about their tenants like you would not believe (at least some do). Awful people.

[DeadManCrawling]

Rental agreements can serve as proof of actual rent paid versus local standards. In some districts this is used to double-check your means test calculations.

I am not sure how or if landlords are notified. We have tenants that filed a few years ago, while renting from us, I think, and were never notified.

When we decided to file, we DID notify the tenants, so they wouldn't come unglued. We let them know we were filing, told them we were keeping the rental, and that they were safe. This was to forestall any rash thoughts or actions by the tenants. It worked, and they are still there, still paying. When we notified them, by phone, they told us they had also filed a couple years ago, so needed no explanation or details.

But we never received any sort of notice about THEIR filing. We are in Florida, and maybe it varies.

[jadams]

They want you to list the contracts because they must be assumed or rejected in the bankruptcy. (cancelled or the contract equivalent of reaffirmed)

The other party in the contract will be notified, as they are effectively the same as a creditor (the BK potentially effects their rights).

If you're month to month "tenant at will", I don't believe you have to list the contract -- but check with your lawyer. I know my lawyer didn't list my rental space that's month to month.

[ForumReader]

Rental agreements can serve as proof of actual rent paid versus local standards. In some districts this is used to double-check your means test calculations.

I am not sure how or if landlords are notified. We have tenants that filed a few years ago, while renting from us, I think, and were never notified.

When we decided to file, we DID notify the tenants, so they wouldn't come unglued. We let them know we were filing, told them we were keeping the rental, and that they were safe. This was to forestall any rash thoughts or actions by the tenants. It worked, and they are still there, still paying. When we notified them, by phone, they told us they had also filed a couple years ago, so needed no explanation or details.

But we never received any sort of notice about THEIR filing. We are in Florida, and maybe it varies.

When I filed for BK, I asked my attorney whether my landlord should be listed. He said no, but that I should inform my landlord which I did. My landlord appreciated me being upfront about my filing for BK. I only hope he does the same for me as he and his wife said they would if they ever happen to file for BK. IMO, it is important for the landlords and the tenants to be open to each other about filing for BK so that there is no confusion, misunderstanding, etc about the rental agreements (rent continued to be paid, etc etc) between both parties.

[ApresMoi]

Thanks, but no way I can tell them, for reasons already stated. If I don't have to list the landlord, I won't. I think I read elsewhere that I can continue to pay for the usual things -- rent, gas, utilities -- while in Ch. 7. If anyone knows to the contrary, please advise.

It sounds as though you have a good relationship with your landlord. That is great. Wish I were dealing with a nicer person. Maybe on the next rental.

When I filed for BK, I asked my attorney whether my landlord should be listed. He said no, but that I should inform my landlord which I did. My landlord appreciated me being upfront about my filing for BK. I only hope he does the same for me as he and his wife said they would if they ever happen to file for BK. IMO, it is important for the landlords and the tenants to be open to each other about filing for BK so that there is no confusion, misunderstanding, etc about the rental agreements (rent continued to be paid, etc etc) between both parties.

[ForumReader]

Thanks, but no way I can tell them, for reasons already stated. If I don't have to list the landlord, I won't. I think I read elsewhere that I can continue to pay for the usual things -- rent, gas, utilities -- while in Ch. 7. If anyone knows to the contrary, please advise.

It sounds as though you have a good relationship with your landlord. That is great. Wish I were dealing with a nicer person. Maybe on the next rental.

Thanks, I am fortunate to have a good landlord, but he and his wife expect rent to be paid on time. Anyway I understand your position and you do not have to tell your landlord nor have to list the landlord in your filing. Best wishes

[whipster1]

A month to month tenancy is out of contract...you have no contract to list.