I entered into a 1 year lease on 01/03/10. Filed chapter 7 on 01/08/10. My lease is listed on my Schedule G and on my Statement of Intentions it indicates that the lease will NOT be assumed pursuant to 11 USC 365 (p)(2). My landlord is not on my Creditor Matrix and has no idea I filed chapter 7. My rent is and has always been current. I was discharged in April of 2010. Am I legally liable to the lease contract or can I just walk away with no financial repercussions? Any thoughts would be appreciated. Thank you.
-
-
I think you are SOL because you did not list them in your petition. Probably an afterthought for you...I assume you did not think you would want to walk away from your lease before your discharge? I know that it was a comfort to me to know that as long as I was current on my rent, I did not have to list my landlord.
But I had no lease so did walk away shortly after discharge. Hopefully someone more knowledgable will weigh in but I don't think you will hear what you want to hear on this one.
Good luck to you,
ep -
If you did not list the lease in the BK then you may be held responsible for the lease. You can have the BK reopened and add the lease added into the BK, but it will cost more money, in which it may be more then the cost to break the lease. Since the trustee did not assume the lease I believe that it is then classified as your responsibility. I could be wrong, but from what I have been reading that is what the wording seems to mean.Chapter 7 filed on 4/23/2010
341 meeting on 5/28/2010
Discharged on 8/19/2010
Comment
-
Update, my attorney just responded to my email. According to the above, my lease is discharged. I can just walk away but any security deposit will be forfeited.Originally posted by epiphany View PostComment
-
Comment