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    Renting before BK....before filing or before discharged

    Sorry if I seem to be asking this question in every way but...

    If I rent before filing, I have a better credit history of course, but once I file, I would have to list the landlord on the BK, so they would be informed, correct?

    What if I do it after filing, but before discharge? They would not be listed, correct?

    #2
    Panacea,

    I would not list the landlord on the filing period. If you do not owe the LL money, then there is no credit relationship since rent is paid in advance, not arrears. If questioned about the security deposit, just say security deposit. No trustee is going to question your need to have a roof over your head.

    Been there and done that with listing LL, and trust me, I would definitely NOT list him if I could do-over.
    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

    Comment


      #3
      You do have to list the lease on the schedules though...schedule G I believe it is; unexpired leases. You simply keep the landlord off the creditor matrix.
      This post does not constitute legal advice. If you use my advice in place of a lawyer, God help you.

      Comment


        #4
        Technically you do have to list it however nothing will happen if you don't...say what happens if you are month to month or have an arms-length contract? I went through this with my attorney and if it hadn't been for a screw up from his paralegal, ot would have remained off our petition. Worst that can happen is trustee asks if you have a lease, why not listed and answer is oops, lease is not a credit relationship, so didn't think it had to be. Never, though, never have I heard, seen or witnessed a trustee question this. I attended 28 341's, not once did living arrangements get questioned.
        Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
        AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

        Comment


          #5
          per our attorney, if you lease before the filing you will need to exempt the security deposit. after filing nothing is listed. fwiw, DH's credit score at only 2 ms. of missed bills but pre-filing was 570, down from almost 800. ouch. so unless you haven't yet missed bills i doubt it matters.

          Comment


            #6
            Originally posted by Panacea View Post
            Sorry if I seem to be asking this question in every way but...

            If I rent before filing, I have a better credit history of course, but once I file, I would have to list the landlord on the BK, so they would be informed, correct?

            What if I do it after filing, but before discharge? They would not be listed, correct?
            totally with joe on this one...

            we got all set up in our new place before we filed...electric...phone...everything while we still looked ok.

            no need to list your landlord unless your moving out!
            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

            Comment


              #7
              Hi Panacea,

              Not all landlords are tied to the credit score, plenty just want a background check and/or income verification. And lots of local landlords are sympathetic to BK folks, they want to help with the "fresh start" Call around and ask how they qualify people for a rental, you might be surprised....

              Tom in Colo
              Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

              Comment


                #8
                Originally posted by tobee43 View Post
                totally with joe on this one...

                we got all set up in our new place before we filed...electric...phone...everything while we still looked ok.

                no need to list your landlord unless your moving out!
                I totally agree. I did got my apartment and utilities before I filed, and did not list them since I was current on them and had no balances. There is no need to list the landlord.
                You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

                Comment


                  #9
                  I wish I could do that. Now I think I'm gonna have a tough time finding a place after filing.
                  Filed chapter 7 Jul 13, 2010 341 hearing Aug 12, 2010 Trustee's report of no distribution Aug 20, 2010 Discharged Oct 13, 2010 Closed Oct 28, 2010.

                  Comment


                    #10
                    Originally posted by wnguyen View Post
                    I wish I could do that. Now I think I'm gonna have a tough time finding a place after filing.
                    You will probably have a difficult time with larger complexes, but individual landlords will look at the larger picture and once they meet you and see you will be a reliable tenant, they will rent to you. The key is to have your explanation ready as to why you filed. A stable job history will help.
                    You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

                    Comment


                      #11
                      Originally posted by wnguyen View Post
                      I wish I could do that. Now I think I'm gonna have a tough time finding a place after filing.
                      well...we stopped paying our mortgage so we had the money to move forward....it was part of the planning phase...for a better lack of reason.

                      we made certain we were secured prior to any credit falling down the tubes...but it was just what we did.

                      many people and as backtoschool has suggested, there are places to go after you file.
                      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                      Comment


                        #12
                        tobee

                        I was in a situation that made me move forward or backward almost impossible. My credit sucked then and it sucks now and will definitely suck after discharge. That what it makes it harder for me to rent, before or after. I don't know why they care about credit when renting to people. Aren't income and rental history good enough?
                        Filed chapter 7 Jul 13, 2010 341 hearing Aug 12, 2010 Trustee's report of no distribution Aug 20, 2010 Discharged Oct 13, 2010 Closed Oct 28, 2010.

                        Comment


                          #13
                          Originally posted by wnguyen View Post
                          tobee

                          I was in a situation that made me move forward or backward almost impossible. My credit sucked then and it sucks now and will definitely suck after discharge. That what it makes it harder for me to rent, before or after. I don't know why they care about credit when renting to people. Aren't income and rental history good enough?

                          one would think wn....but really it will be ok...start looking now...mn has so many places vacate they would be most happy to have you..i'm certain. but as backtoschool has said...PLEASE stick with individual landlords you can talk to them face to face...honestly you will be fine...promise!
                          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                          Comment


                            #14
                            Originally posted by backtoschool View Post
                            You will probably have a difficult time with larger complexes, but individual landlords will look at the larger picture and once they meet you and see you will be a reliable tenant, they will rent to you. The key is to have your explanation ready as to why you filed. A stable job history will help.
                            Originally posted by tobee43 View Post
                            one would think wn....but really it will be ok...start looking now...mn has so many places vacate they would be most happy to have you..i'm certain. but as backtoschool has said...PLEASE stick with individual landlords you can talk to them face to face...honestly you will be fine...promise!
                            Thanks, backtoschool and tobee. The problem is the individual landlords in my area are probably having problems of their own (like mine). I know that I'm reliable but I can't prove otherwise.
                            Filed chapter 7 Jul 13, 2010 341 hearing Aug 12, 2010 Trustee's report of no distribution Aug 20, 2010 Discharged Oct 13, 2010 Closed Oct 28, 2010.

                            Comment


                              #15
                              wn....that's exactly why they would LOVE to have you....because you WILL pay.

                              if it doesn't work you go to the county for placement...I KNOW YOU HATE THAT THOUGHT! we need to do what we have to. and that's not the worse thing. i still think that what backtoschool says will work...try it...it will not hurt.

                              please don't make me go to mn...it's way to cold!
                              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                              Comment

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