Confused About Lease/Rent.

[jamesd1967]

Ok in one instance people are saying that YES by all means I can discharge the remainder of the lease. However, also being said is that the landlord could proceed with an eviction if I do not pay because it is debt that I have incurred after the bankruptcy filing. So does that mean the remainder of the lease I have incurred after fliling or is future rent considered a "service" that I have to pay on or be faced with possible eviction.

[Dst1]

If your lease is discharged in BK then it is null. Your landlord would have to either agree (perhaps de facto) to go month to month, sign a new lease, or evict.

In other words, once the BK is discharged you are starting with a clean slate again. So yes, if you don't pay you can be evicted.

[jamesd1967]

if I am signing a new lease in another state and DO NOT include it in the bankruptcy, that lease will then not be affected, right....???? Of course, I wouldn't want that new lease in there, since I am in the process of relocating; it will be the beginning of the "fresh start."

[newbie2]

James, in your question in another post you asked about what would happen should you stop paying your current rent post filing.

This would be a new debt (post filing) and you would be liable for it.

Since you are pre-341 meeting give your attorney a call and ask if you can include your lease in your petition.

Your current lease has nothing to do with your future lease once you move.