341 Meeting

[calco86]

Hey guys,


We have our 341 meeting on the 22 Nov and wondering if anyone has had a creditor show up at the hearing. I think my landlord might. We owe back rent but on our budget it shows that we can pay her so? I am pretty nervous of being kicked out or being in trouble for not pay rent? We just can't afford it.

Any advise or think what might happen?

[newbie2]

Hey guys,


We have our 341 meeting on the 22 Nov and wondering if anyone has had a creditor show up at the hearing. I think my landlord might. We owe back rent but on our budget it shows that we can pay her so? I am pretty nervous of being kicked out or being in trouble for not pay rent? We just can't afford it.

Normally creditors don't show up, however they can. What may happen (probably likely) is that the landlord files a motion to lift the automatic stay so that you can be evicted. Rent isn't something you want to be behind on..it's one of those "pay to stay" type of things. If you want to stay in your place of residence you have to get caught up on the rent. One more thing: Any rent owed to your landlord after the date you filed is not discharged in bankruptcy.

[calco86]

Okay so I still have to pay then but who, her attorney won't accept any money so what do I then. My landlord won't talk to me so?


Do I pay through the bankruptcy court then....

[ccsjoe]

Not sure how it works in New York, but I know in some instances you can open an escrow account through a court in which you deposit rent monies. This, however, is not the purview of BK court. I do not believe, unless NY laws are vastly different, that your LL has the right to refuse your rent payment. I may be wrong.

Best thing you can do is look up NY State Civil Code, specifically as it pertains to tenant/landlord law, everything should be pretty much spelled out there, including any remediation options.

Good luck.