apartment lease question

[mumitrol]

Hello,

This board is a wonderful resource for all things bankruptcy, and while reading various threads I picked up on the apartment lease situation that I am not completely sure about.

My fiance and I are both on our NYC apt lease (until 2 months ago I wrote the rent check and he gave me his half). We have a security deposit, but are also around $2000 in owed rent.

I'm the one filing for Ch7 bankruptcy so initially I wasn't going to mention anything about this situation ex. for the security deposit in schedule B and rent as an expense.
From what I read it seems that if I declare bankruptcy our lease agreement (year lease until August'10) will be automatically broken? Should I put the owed rent somewhere as well? Since I don't want this to reflect badly on our future renting situation I thought I'd just eventually pay the rent owed, but I'm afraid that if they find out I declared bankruptcy they'll come after my fiance since he's also on the lease.

Please advise, thank you

[newbie2]

Hello,

This board is a wonderful resource for all things bankruptcy, and while reading various threads I picked up on the apartment lease situation that I am not completely sure about.

My fiance and I are both on our NYC apt lease (until 2 months ago I wrote the rent check and he gave me his half). We have a security deposit, but are also around $2000 in owed rent.

I'm the one filing for Ch7 bankruptcy so initially I wasn't going to mention anything about this situation ex. for the security deposit in schedule B and rent as an expense.
From what I read it seems that if I declare bankruptcy our lease agreement (year lease until August'10) will be automatically broken? Should I put the owed rent somewhere as well? Since I don't want this to reflect badly on our future renting situation I thought I'd just eventually pay the rent owed, but I'm afraid that if they find out I declared bankruptcy they'll come after my fiance since he's also on the lease.

Please advise, thank you

Do what you can to get caught up on the rent. Yes, they will come after your fiance for the balance as he also signed the lease.

I don't know if your filing will automatically break the terms of your lease. You would have to read the contract that you signed to find this out.

[SMinGA]

If you stay, get current, and remain current - your lease should be fine.

If you move, your obligation for past due rent, termination penalties, damages will be discharged. But your fiance will still be obligated.

[mumitrol]

Thank you!

Thank you for clearing it up for me a bit.
I will speak to my lawyer about whether the rent owed should be declared in bankruptcy and what is the best way to communicate to our landlord that we do want to repay and stay in the apt. at least until the lease is over.