Question about life before filing BK>>

[keepmine]

my answer strictly applied to the apartment application at hand. nothing else.

The answer is still incorrect. There is no legal precedent
that says just because the bk is not on your reports you may answer no to the question of have you ever filed bk.

[lrprn]

The answer is still incorrect. There is no legal precedent that says just because the bk is not on your reports you may answer no to the question of have you ever filed bk.

Hang on.....let's keep this situation in perspective.

Personally I don't consider completing an apartment rental application on quite the same level as responding under oath during a court proceeding. Being required to respond yes to the "Have you EVER filed bankruptcy?" question is ignoring the bk law which states that after 7 years for Ch 13 and 10 years for Ch 7 the existence of the bankruptcy is no longer public news.

The owner who has this question on their rental applications is assuming that everyone who files bankruptcy was irresponsible with money and will continue to be so in the future. Frankly more than half of bk filers have to file for reasons beyond their control - job loss, divorce, or medical problems. These filers will be penalized severely for something they never have been.

A fresh start should be a fresh start. Penalizing someone for the rest of their lives because they filed bk is a direct contradiction to the intent of the bk law.

[keepmine]

Thing is regardless of how we feel, lenders and landlords do have a legal right to ask that question. Some lenders and landlords have a policy never to do business with anyone who has ever filed for bk. So be it. There are many others out there who will do business with us. Find them and be done with. I don't believe you should ever lie on an application involving a financial issue. If a bk causes a hairball for a potential landlord, life will be far easier for all concerned to just to move on.
I was responding to the statement that there was a legal precent that once the bk was not showing on your report you may answer no to a question, "have you ever filed bk".That's not accurate.

[CindyLou]

I would --STILL SAY NO on an apt rental app on that question under those circumstances. my answer would be different for different circistances but that app is not under oath. it is info gathering only. Most apps do state a period of time so this ppst is a moot point in 99 percent of cases but I would still say no if the time frame had passed to put it off my record and it was off. that I I right to have it off my record for a reason that's why the law exists! for a fresh start!

[CindyLou]

They Only Have The Right To Know For The Legal Amount Of Time It Can Be Reported. Thats It!

[Bandit]

As a side note: apps are getting trickier, which is pissing me off. The question has changed to, "Have you EVER filed bankruptcy?" Which is bullshit, IMO, because once a bankruptcy falls off of a person's credit report it should NOT EVER BE considered.

Agreed. A month to month rental agreement based on a one year lease & both parties can break that lease if conditions are right, is not the same thing as a mortgage, auto loan or CC loan. I would never ask a renter that kind of question if I owned apartments or a house. That to me is about as silly as asking someone if they filed BK before they can rent roller skates or a car. I would be more interested in a couple of references for payment of past rentals & a current job...or if they have roaches. just kidding

The owner who has this question on their rental applications is assuming that everyone who files bankruptcy was irresponsible with money and will continue to be so in the future. Frankly more than half of bk filers have to file for reasons beyond their control - job loss, divorce, or medical problems. These filers will be penalized severely for something they never have been.

A fresh start should be a fresh start. Penalizing someone for the rest of their lives because they filed bk is a direct contradiction to the intent of the bk law.

Yah. They can get a mortgage then they can also rent if they choose. That would be one very backward law to be able to buy a house after BK but not rent an apartment.