Is renting a house before discharge ok?

[BillsFan]

We are a chapter 7 asset case in Florida. We had our 341 meeting back on Jan. 19 and still have not been discharged.

We did not reafirm our home so we are going to let it go to forecloser. My question is, can we rent now even though we have not been discharged?

Our possible future Landlord is afraid if we sign a rental agreement before discharge, the Trustee could take back the deposit or something to that nature. Yes we know we should have waited, but an incredible oppurtunity opened up and we just did not want to pass it up.

Any help would be great.

[AngelinaCatHub]

You DO NOT have a problem. You are simply giving up one tent for another. Do you think that the Trustee would wish you to live under a bridge? I doubt that and what you are doing is exempt in any case. Go for it. If you are represented, ask your paid lawyer. 'Hub

[BillsFan]

Appreciate your quick response, thank you. I thought the same thing but for some reason the Landlord thinks (on advice from his Lawyer) that we would need to contact the Trustee.

Now we are so close to discharge that I don't want to rock the boat. Is there a reason his Lawyer would advise this so that I may counter with a different alternative. I know it is difficult to put yourself in the mind of someone else, but I have no clue what the legality is.

My wonderful and detailed Attorney just says "If you want to go spend money on rent, feel free to do so" Not exactly the detail I need.

[justbroke]

The Trustee can not touch post-petition assets or meddle with a post-petition lease! Anything done post-petition is not within the Trustees control. You do not need Trustee approval either. So long as you're using post-petition funds or funds that were exempted, there's no problem.

Even if you did use exempt funds, the Trustee couldn't take them from the landlord. The Trustee would have to enforce some motion on you yourself, or dismiss your case.