Renewing apartment lease during Ch 7?

[justbroke]

I know I'm showing my ignorance here but ifthe tenant reaffirms the leasewould landlord even be
On the mailing matrix?

It's a "technical" reaffirmation, but it's usually done on a lease assumption agreement document. The landlord should be on the mailing matrix and on Schedule G.

No ignorance with asking that question. Many times, pro se debtors and attorneys "forget" to list the executory contracts (leases) on the schedules.

[IamOld]

Right justbroke, that's why I asked - I'm not renting, but in the materials from my atty it was said that if one isn't behind on one's rent, AND one assumes the least/continues lease, it doesn't go on matrix...

[justbroke]

Right justbroke, that's why I asked - I'm not renting, but in the materials from my atty it was said that if one isn't behind on one's rent, AND one assumes the least/continues lease, it doesn't go on matrix...

Notice the word "assumes" the lease. An assumption is an affirmative act and requires more than just continuing to pay -- although it could be argued that continuing to pay is a de-facto assumption (that's another story). While many debtors end up not listing the landlord (lessor) in the Matrix, they do list the lease on Schedule G and indicate "assume" as their intention.

So, you could accidentally leave them off the Matrix, but you need to list them on the Schedules. If you really want to reject the lease, you really need to put the creditor on the Matrix. If you really want to assume the lease, you really should put the creditor on the Matrix. Most don't in that situation. However, if the lessor finds out that you filed bankruptcy, they can seek to have you evicted since your lease would actually be in breach. It is not likely though since it would cost money.

A common practice is to list the lease on Schedule G and indicate that the lease is "assumed". Additionally, many will leave that lessor (landlord) off the Mailing Matrix so that they are not notified and there are no "complications" from receiving the very intimidating papers from the U.S. Bankruptcy Court.

I rejected my lease so I had to list the landlord. However, I didn't place them on the matrix. I filed a Motion to Reject Residential Lease and served it upon the landlord in my case.

[IamOld]

This makes it very clear thanks!!!!!!

Notice the word "assumes" the lease. An assumption is an affirmative act and requires more than just continuing to pay -- although it could be argued that continuing to pay is a de-facto assumption (that's another story). While many debtors end up not listing the landlord (lessor) in the Matrix, they do list the lease on Schedule G and indicate "assume" as their intention.

So, you could accidentally leave them off the Matrix, but you need to list them on the Schedules. If you really want to reject the lease, you really need to put the creditor on the Matrix. If you really want to assume the lease, you really should put the creditor on the Matrix. Most don't in that situation. However, if the lessor finds out that you filed bankruptcy, they can seek to have you evicted since your lease would actually be in breach. It is not likely though since it would cost money.

A common practice is to list the lease on Schedule G and indicate that the lease is "assumed". Additionally, many will leave that lessor (landlord) off the Mailing Matrix so that they are not notified and there are no "complications" from receiving the very intimidating papers from the U.S. Bankruptcy Court.

I rejected my lease so I had to list the landlord. However, I didn't place them on the matrix. I filed a Motion to Reject Residential Lease and served it upon the landlord in my case.

[bcohen]

Isn't the whole point that you don't want the landlord notified unless you are actually intending to reject the lease and/or discharge past-due rent or other debts to them? In other words, if there is no money owed, and no desire to "get out of" the lease, then why exactly is it the landlord's business or concern if I file BK? It's not like the moment I file BK, suddenly I become some drug addict/criminal that's going to damage the apartment, create a nuisance, quit paying the rent, and so on.

[IamOld]

Bcohen, all I can tell you is that were I a renter, my atty would NOT put them on the mailing matrix UNLESS a) you were past due and/or b) you were rejecting the lease....

[bcohen]

So I guess the real question is whether in order to avoid problems with the apartment complex when I file, it would be sufficient to simply declare the rent as a living expense, declare the lease in the schedule of unexpired leases and contracts, and declare the intention as "assume". And of course, leave them off the mailing matrix, although I don't know if they can find out about it some other way.

[IamOld]

I think perhaps Des could give you more concrete advice on this? All I can tell you is that this is what my atty would do, and I think I have read elsewhere here that if you don't owe and want to keep the lease, the landlord doesn't go on the matrix...how else would they know? Unless they get a feed from Pacer...but I wouldn't think they do...

[justbroke]

So I guess the real question is whether in order to avoid problems with the apartment complex when I file, it would be sufficient to simply declare the rent as a living expense, declare the lease in the schedule of unexpired leases and contracts, and declare the intention as "assume". And of course, leave them off the mailing matrix, although I don't know if they can find out about it some other way.

That is the typical way that many attorneys do this. If you are not actually rejecting a lease, it goes no further than being placed on Schedule G. In many cases, the debtor is on a month-to-month anyhow, and that never needs to be assumed.

And, IamOld you are right. Only a very sophisticated landlord would know. However, if you're renting from a national leasing agency, they may actually get a feed from the Bankruptcy Noticing Center (BNC) -- not PACER itself. If you have paid on time and are not otherwise in breach of your lease, most landlords would not bother you if they found out. The problem is that if you are rejecting, you really need to notify the landlord of your intent and actually do it -- like move out.

[IamOld]

Thank you again just broke!!! And then I'd assume that if they get a feed from BNC, they would see there whether the keep or reject "box" is checked, right?

[justbroke]

Thank you again just broke!!! And then I'd assume that if they get a feed from BNC, they would see there whether the keep or reject "box" is checked, right?

No. They'd need to look up the case on PACER.

[jetsfan2010]

Just an update
I found a new place and am moving next week. Of the places I input an application, all asked me for sec dep of 2 months rent. Something to note for those who might be in this situation in the near future.

[IamOld]

Great news JETSFAN!!!!!!

Just an update
I found a new place and am moving next week. Of the places I input an application, all asked me for sec dep of 2 months rent. Something to note for those who might be in this situation in the near future.

[lotsahats]

Well I found out some info from the property mgr. They stated the owner of the property is getting a divorce and is moving back into the property, which is reason why she is not renewing the lease. It does however put me in a bind, as now I am back out looking to rent a place, with the BK on my credit report. Hopefully that wont cause any issues.

So, the notice to vacate had nothing to do with the bk, correct?