Do I list my landlord?

[rhp]

I'm on the lease, current with the rend, and plan to keep paying the rent. Do I still have to list the landlord in my CH 7?

[hopeforus]

I had to list him on mine. I know that you have to list whether you have a security deposit with anyone and most of the time your landlord is holding one for you.

[rhp]

Thanks for the reply. Telling her should be fun.

[dontburnthep]

We had to list ours. They get the notice of 341, and then we got hit with a presumption of abuse, and they got a copy of that, too.

[justbroke]

The reason that you are compelled to list them, is because your lease is known as an (unexpired) Executory Contract. You must either assume (keep) or reject (break) the lease in the Bankruptcy. The lease is automatically assumed to be rejected on the date the petition is filed, if you don't otherwise assume the lease within 45 days of filing, and listing it on your Statement of Intentions.

Technically, the landlord could proceed with eviction if you didn't notify them (after the 45 days) and/or you reject the lease specifically.

So, with all that said, I can assume that you'll be assuming the lease? (Are you filing pro se? An attorney will correctly deal with this if you're filing with an attorney.)

[rhp]

The reason that you are compelled to list them, is because your lease is known as an (unexpired) Executory Contract. You must either assume (keep) or reject (break) the lease in the Bankruptcy. The lease is automatically assumed to be rejected on the date the petition is filed, if you don't otherwise assume the lease within 45 days of filing, and listing it on your Statement of Intentions.

Technically, the landlord could proceed with eviction if you didn't notify them (after the 45 days) and/or you reject the lease specifically.

So, with all that said, I can assume that you'll be assuming the lease? (Are you filing pro se? An attorney will correctly deal with this if you're filing with an attorney.)

This helps a lot. Thanks for the fantastic explanation!

I am planning to file pro se. I have more time than money.