My Landlord....?? He's Not Going To Be Happy!!!!

[jamesd1967]

Ok my landlord lives in California, Dublin, CA to be exact. Every month I mail with a .44 cent stamp the rent money order to California. However, just last week I faxed a copy of my lease to my attorney's office. It is not part of my file. My lease began on August 1 of 2009 and ends on August 1 of 2010. So far, I have never misssed or even been late with a rent payment. There is a $600 deposit also involved. Since I am breaking the lease to move back to Florida, can I file on the remainder of the lease???? I wouldn't see why not!!! Second of all, would any of you even bother paying the rent for the month of March, since my 341 is until the 25th of March. Will the landlord be notified of my bankruptcy filing?????

[jamesd1967]

does anyone know if I can file against landlord or not?

[HHM]

Yes, you can discharge the lease balance in the bankruptcy.

Yes, your landlord will be notified since you will need to include him as a creditors.

[jamesd1967]

if I discontinue paying the rent the following month, can I be evicted once the bankruptcy has been filed...??? Or does the "automatic stay" become involved here???

[AngelinaCatHub]

if I discontinue paying the rent the following month, can I be evicted once the bankruptcy has been filed...??? Or does the "automatic stay" become involved here???

The automatic stay will be in place. However, he might ask the Court to lift his stay as your house is a "service" and like electricity, it must be paid ongoing. That being said, you are talking about such little time that before March he would not have the time for eviction anyway, so it is moot in either case. It also might not be dischargeable after your filing date. 'Hub

[jamesd1967]

My 341 hearing is scheduled on March 25th. I guess you are probably right, he or she wouldn't have the time to go through with everything.

What might not be dhschargable after my filing date??/

I already filed on February 18, 2010.

[AngelinaCatHub]

My 341 hearing is scheduled on March 25th. I guess you are probably right, he or she wouldn't have the time to go through with everything.

What might not be dhschargable after my filing date??/

I already filed on February 18, 2010.

ANY new debt after your filing date is non dischargeable. Not paying a mortgage is not new debt. But your rent, if not paid before you file, could be discharged, only that amount. After you file, you incur ongoing new debt by not paying for the service of your residence. 'Hub

[AngelinaCatHub]

if I discontinue paying the rent the following month, can I be evicted once the bankruptcy has been filed...??? Or does the "automatic stay" become involved here???

Now that you remind me that you have already filed, your automatic stay would not protect you if you do not pay. He can evict you. Your breach of rent is AFTER you filed. If he was evicting you or in that process BEFORE you filed, then the stay would stop the eviction. 'Hub

It isn't that hard to understand, just difficult to explain.