Eviction question

[blackitalian]

Im freaking out right now because Im moving into a new house in a few weeks (renting for 2 yrs) and Im afraid when I file for bankruptcy Ill be evicted. Im assuming the lease and will always make payments on time. Im really worried about it so any help would be appreciated

[AngelinaCat]

If you are making the payments in a timely fashion, and you are reaffirming the lease, you should be okay.

Do you have an attorney, or are you trying to do it yourself?

[blackitalian]

I have a attorney

[AngelinaCat]

I just went back through your prior posts.

Make at least three to five appointments with different BK attorneys. (Do NOT use different attorneys in the SAME firm.) Get their opinions on your situation.

Also read through the various Boards here, especially the 'stickies' in the General Bankruptcy, Chapter 7, and Chapter 13 Boards. Get yourself familiar with the process and learn, read, learn, read, learn, etc.

Compile a list of questions, once you are more familiar with the process, then go and interview your prospective attorneys.

Good wishes to you!

[AngelinaCat]

Im freaking out right now

Above all, do NOT freak out. Nothing happens overnight--in fact, it takes months.

This is one of the painful lessons that my dear 'Hub and I had to learn. So relax. That is hard to do, I know.

[blackitalian]

From what ive heard from 2 lawyers is that as long as u assume the lease your ok. Im just scared of being evicted with no place to stay

[bcohen]

Where I live, the property management company has a clause in the lease which says that a tenant is in default if the tenant files for bankruptcy protection. I was advised by several attorneys that such clauses are illegal and unenforceable, and that the bankruptcy court will not allow a residential landlord to default a lease which is otherwise in good standing merely because the tenant files for bankruptcy.

I did not list the apartment complex in my mailing matrix, though I did list the lease in Schedule G and in my Statement of Intentions. I did not have any problem, and was able to renew for another year, even while my bankruptcy case was still open.

I do not think you need to worry about this. As long as the rent is paid on time, and you are not causing maintenance issues or complaints from your neighbors, I don't think the lessor can legally terminate your lease even if they want to. I also doubt that they will check your credit again when it comes time to renew.

[tobee43]

if you intend to live there and stay there is no reason to list them as a creditor since it's your home and you are up to date. you are allowed to live under a roof. we never listed our electric company, cable co, etc., because we didn't owe them anything. even after the bk we had no problem with any company obtaining services. while on the other hand we listed our home since we intended to leave it, so of course we knew that would effect us renting...so we rented prior to our filing to get around it.

you have a signed lease if you are not in violation of any of the terms of that lease you should be fine. as bcohen has mentioned i would also think any cause in one's lease saying if they file bk they are thrown out the door but up to date in their rent, may have a good legal argument. however, if you do have such a clause i would still make certain your state does not support such a law.

best of luck to you.