Leasing office wont accept rent for the month I filled BK chap. 7.??!!

[twiz88]

So a couple months ago I wrote a post on this forum about how my leasing office wouldn't accept rent during my BK chap 7 case filing. I filied Chap.7 June 2013 and it was discharged October 2013. I didn't pay rent during my case filing period expect for one time in July after that they wouldn't accept payment. Close to my discharge date my leasing company filed a motion with the court to lift Automatic Stay for back rent August - October (which I had in a money order ready) My leasing company lawyer stated they couldn't collect payment for June's rent however they need July- October. That payment I made in July which I thought was for June's rent they applied it July. Till this day they still wont apply payment to June's rent. I paid Decembers rent on the first but June is just sitting out there

[justbroke]

This remains an example as to why you never put a leasing company/landlord on you creditors matrix or schedules if you are current. Most just don't want to get into any stay violation issues. If this happens, I always suggest that you mail the payments so that you have copies of any correspondence should they later move for eviction for non-payment.

Typically, with un-expired leases, they can still collect if you properly listed them on your Statement of Intentions as "Assume". (That's if you're going to list them, then you should put it on Schedule G as an unexpired lease, and then put them on the SoI as Assume if you are staying.)

I never did read about what you put on your Statement of Intentions for this lease. I hope it works out for you. I might be inclined to ask them for a "Statement of Account" showing your balance. I would get this in a writing. I would save this document!

[Blossoms]

My husband and I are in the middle of a Chapter 7, and our attorney said we had to list our landlords in the bankruptcy, on the Schedule G. I was embarrassed about having them know, but he said they had to be listed. We are not/were not behind on our rent, so we are paying it as normal. They haven't said anything to us about the bk, but they did file a notice of appearance with the court, through an attorney, so they will be informed of everything that happens with our case. We are their first tenants, and the husband is a real estate attorney, so I assume they're just trying to be cautious.

[justbroke]

Very interesting. Who filed the appearance? Was it the attorney-husband landlord? That would be really interesting.

They should file a notice of appearance so they can find out what your intentions are! Do you know what your attorney listed on your Statement of Intentions? Are you still in an active (unexpired) lease or were you month-to-month at the time of filing?

As for whether to schedule an unexpired (residential) lease that is not in arrears, attorneys are on the fence. Some will list the lease and some will not. Some will "schedule" them on the petition but NOT put them on the Creditor Mailing Matrix. This is all based on local customs, your specific attorney, your lease status (month-to-month is typically treated as an "expired" lease), whether you are in arrears, whether you are going to reject (cancel) the lease, and how your District deals with these.

[Blossoms]

Yes, the landlord and his wife, both owners of the house we rent. The husband is a real estate attorney, and he had another attorney at the law firm where he works file the notice on behalf of him and his wife. They've been accepting our rent, and haven't said anything to us about the bankruptcy. My husband and I also had filed for bankruptcy in 2003 (yes, this is our second filing, but in our defense, we've both gone through multiple job layoffs since then, which made it impossible to keep up with bills). I was looking at our 2003 bk paperwork, and saw that the company we were renting from back then was listed on the paperwork. We're in Ohio. Maybe it's something that Ohio bk courts require.

[Blossoms]

Oh, I'm in an active lease. Just moved into my current home a few months ago. The bk attorney checked assume on the statement of intentions for the lease. We had our 341 meeting on Thursday, and it went well. Now I'm just keeping my fingers crossed that we'll get our discharge without a problem!

[justbroke]

It reads as though you have both a competent attorney and understanding landlords! Everything should be quiet and you should have that fresh start on time. Best wishes to you and your spouse.

[Blossoms]

Thank you, Justbroke!!

[twiz88]

This remains an example as to why you never put a leasing company/landlord on you creditors matrix or schedules if you are current. Most just don't want to get into any stay violation issues. If this happens, I always suggest that you mail the payments so that you have copies of any correspondence should they later move for eviction for non-payment.

Typically, with un-expired leases, they can still collect if you properly listed them on your Statement of Intentions as "Assume". (That's if you're going to list them, then you should put it on Schedule G as an unexpired lease, and then put them on the SoI as Assume if you are staying.)

I never did read about what you put on your Statement of Intentions for this lease. I hope it works out for you. I might be inclined to ask them for a "Statement of Account" showing your balance. I would get this in a writing. I would save this document!

**Update** They actually wrote off the June rent payment.

[justbroke]

Are you now current? Is everything fine at this time?

[Hopefull1983]

I didn't list my landlord who I was current with at the time of filing per the advise of this forum. Never had an issue. Discharged this month

[twiz88]

Are you now current? Is everything fine at this time?

Yes I'm very current since discharge in October moving at the end of the month also. I applied and got approved for a bigger nicer apartment with the lowest deposit. I was afraid that I wouldn't get approved for a new apartment post bankruptcy.