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    Section G questions

    Hi everyone!

    Quick question. My BK lawyer filed a section G in my BK7 to get out of my previous lease. It has been 3 months and I received a letter today from the former apartment complex after my bankruptcy has been completed after the paper work has been submitted and now they want me to honor my lease agreement and pay $2190.33 either in full or in 3 monthly installments. They didn't give me anytime to reply by. Mind you I was a week late on my rent and they told me to pay in 3 days or I will be evicted. This is in California accordingly Section G can help you get out of lease. I already notified my lawyer.

    Am I going crazy or is the Apartment Complex in the wrong? Everything with the BK7 went with out a hitch and it as successful. They shouldn't be asking for money?

    Probably have my lawyer contact them.
    Renters' Rights: pages of free legal advice for California tenants on evictions, security deposits, tenant lawyer directory, and more. Limited free e-mail Q&A

    #2
    Basically the lease would be an executory contract. Presumably your attorney is working on rejecting the lease, and the $2190.33 I would anticipate would be discharged as well. I would take the landlord's demand to your attorney - looks like a stay violation to me.
    C7 Filed: 2009-11-06 | 341: 2009-12-14: | DISCHARGED: 2010-02-09
    Condo: Walked away due to 2nd mortgage intransigence; 1st foreclosed. Now totally DEBT FREE!!

    Comment


      #3
      I agree it's an executory contract; and as long as it wasn't objected to while you were in BK- it was included in your BK.

      Have you lawyer send them a letter to that effect. You don't owe them anything. If they try to sue you; all you would do is show the discharge papers to the court. The case should just be dismissed.

      Originally posted by DarthMittens View Post
      Hi everyone!

      Quick question. My BK lawyer filed a section G in my BK7 to get out of my previous lease. It has been 3 months and I received a letter today from the former apartment complex after my bankruptcy has been completed after the paper work has been submitted and now they want me to honor my lease agreement and pay $2190.33 either in full or in 3 monthly installments. They didn't give me anytime to reply by. Mind you I was a week late on my rent and they told me to pay in 3 days or I will be evicted. This is in California accordingly Section G can help you get out of lease. I already notified my lawyer.

      Am I going crazy or is the Apartment Complex in the wrong? Everything with the BK7 went with out a hitch and it as successful. They shouldn't be asking for money?

      Probably have my lawyer contact them.
      http://www.caltenantlaw.com/breaklease.htm
      Filed Pro Se: 10/16/2009
      341 Scheduled: 11/23/2009
      Last Day for Objections: 1/22/2010
      Discharged: 1/28/2010

      Comment


        #4
        I think that Summerlyn Apts. are just slumlords.

        They know what happen and my lawyer sent them the paperwork. They are just bad news looking to gain an extra buck. My lawyer said he will contact them and everything will be resolved. Unfortunately my lawyer was very ill for the last two days and almost had to go to the hospital. Poor guy! I always feel bad when I have to bug him with questions!

        Thanks for the reassurance guys! I really needed it!

        Comment

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