Apartment last month rent and lease break included in discharge?

[wisedecision]

First off, this board has been a godsend in helping me feel confident with this extremely difficult decision. Thank you to all who has contributed to this wealth of information in a time of crisis like this.

I am planning to file Chap.7 within the next 2 weeks. All of my debt is unsecured except for my car which has a secured loan with a $30k balance. I plan on discharging everything including the car. I've been on unemployment for the past year and should have no problem qualifying for the Chap.7.

I currently rent an apartment in California with a monthly rent of $1500. I have secured a place to live with family while i get back on my feet after i file the bk. I have been up to date on all CC and loan payments until this month (Feb10) and have stopped all payments on my CC's in Feb. and my car loan will go into default in early March after i file.

I plan to move out of the apartment in the first couple weeks of March after I file but cannot afford the March rent and the lease break (i signed a new one-year lease in Sept09). The money i don't spend on rent will go to the BK Lawyer.

My question is this.
When I go through with the bk filing, can i include the March rent and lease break fees into my bankruptcy for discharge and still have enough time (a couple weeks) in March to move out with out getting evicted first? Is there a benefit to waiting to file for bk in the first couple days in March rather than late Feb to make sure that the March rent is covered in the bk discharge if it can in fact be included in the discharge?

Any elaboration on this topic is appreciated. I searched and couldn't find anything on the forums specific to this so hopefully the answer can help others as well.

Thanks again.

[Dst1]

(1) Eviction is a formal legal process. It takes time and effort on the part of the landlord. It's not going to happen in a couple of weeks.

Under my states laws there is no way you are getting evicted until at least 90 days after your last rent was due. And I have heard of people stretching it out much longer. Although none of those cases involved a BK.

(2) Can you include the rent in your BK? Yes. But I'd think carefully about it. Even more so than low credit reports landlords HATE people who are failed to pay their rent. That's way most applications ask the question. It's a big black mark.

When you get back on your feet again you are probably going to rent again. It certainly is nice to have a great reference from you last landlord.

I'm not saying don't include it. Only saying think carefully about the pros and cons on this issue.

[wisedecision]

Thank you very much for the response. You provided some very good information to take into account while I come to a decision on what do.

I'm highly considering just moving out by the end of the month and break the lease and not take it to a point of eviction.

Now the question is, since I haven't given my 30 days notice to move yet, would they still try and charge for March? In essence I will still be hit with the March rent and the lease break fees which will fall within the discharge but won't have an eviction on the record.

Is there any benefit to this or am i still screwed when it comes to renting in the future?

Thanks

[Dst1]

Two thoughts.

First, landlords don't like it when you break a lease but leases get broken all the time. Have you even talked to them about the situation? If you tell them you are going to file BK they might just let you out of the lease anyway. They won't start eviction proceedings just because because you might file BK. Remember, what they want is money and if you are going to file BK anyway then they will want to cut their loses. If you have been a good tenant they might be willing to work with you.

Second, let's be clear about what's going on here. Essentially, if you do pay them what you are buying is a good recommendation. Is that worth the price? Having a good rental reference will make it *easier* when you get back on your feet. You will likely have more *options* to chose from because the good rental reference will offset the BK in a landlord's mind. But including a landlord on your BK won't stop you from finding a place in the future. You might not get your first choice, that's all.