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How did your landlord react when you filed?

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    How did your landlord react when you filed?

    Managed to get into a rental last month w/out mentioning I am going to file Ch7. It is my intent to honor my new lease through out the BK process. I know I have to add them to my creditors list (I signed a 1 year lease), but I think that the whole BK thing is going to confuse them a little. How did your landlord react when you filed?

    #2
    Originally posted by TTATWORK View Post
    Managed to get into a rental last month w/out mentioning I am going to file Ch7. It is my intent to honor my new lease through out the BK process. I know I have to add them to my creditors list (I signed a 1 year lease), but I think that the whole BK thing is going to confuse them a little. How did your landlord react when you filed?
    I didn't know you had to add them to your creditors list if you were not including them or if you were current on rent??
    Last edited by Cali; 02-18-2008, 07:35 AM.

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      #3
      I had to add them to my creditors list. I didn't know I would have to do that, so I emailed my landlord to give him some advance notice. I just felt it would be better that he hear it from me, then receiving a letter. He actually called me instead of emailing me back. He said not to worry about a thing. His only main concern was that he gets the rent on time. He stressed to me again not to even sweat anything when it comes to renting his place, etc. I was relieved!

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        #4
        That was nice of him to reassure you...and good to know, thanks for posting. :-)

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          #5
          I didn't think you had to add your landlord unless you were defaultig on rent? I never made that add....I did inform my landlord, at the time, also made sure they knew that rent was not in jeopardy and would be paid, on time, as usual....When I did move, I had already been discharged & did let my apartment mgr. know...it, again, was no problem. When I moved last April, I did inform my landlord that I had filed and been closed, again, no problems.
          Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
          Who it was we were below, where we've been and where we go

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            #6
            I left my landlord out of EVERTHING...completely. I didn't want them notified. I thought the unexpired leases section only applied to cars.....
            Chapter 7 Pro Se....Discharged Feb. 2006

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              #7
              From what I've read, the lease section (what is it, Schedule H, I think?) applies to ALL leases, from a storage unit to a tanning bed to a mansion, and you have to list them all whether you are the lessor or the lessee.

              I have a storage unit that I knew I would probably have to include, so I called the manager (really sweet mom & pop operation) and let her know, and she was so nice about it. Like Calderon said, all they cared about was getting that check on time, and as long as they got it everything was fine. They thanked me for letting them know in advance, too.

              Chances are you're not the first bk your landlord has ever seen, so don't sweat it. Right before you file, give them a call, tell them you're filing but that your payments will remain unchanged and that they should not be affected by it at all, and I think they'll thank you for letting them know. That way they don't get blindsided by the official notice and think you're going to default. Good luck!!!
              Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

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                #8
                Thanks all for the replies

                I wish I didn't have to list them, I think it will really confuse them. I will talk to them, so that they are not surprised when they get notice.

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                  #9
                  I didnt list them either. I'm not sure why it would be listed. It's not like the discharge will exempt me from having to finish paying the lease. There's nothing to reaffirm. So why list it? This may explain it if you can decipher the legal jargon.


                  This is archived content from the U.S. Department of Justice website. The information here may be outdated and links may no longer function. Please contact [email protected] if you have any questions about the archive site.
                  Last edited by jp2861; 02-18-2008, 04:33 PM.

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                    #10
                    WHAAAT?????

                    We just signed our lease last Saturday. When we applied for our rental (after filing) our landlord was very cool with the BK. He just raised our deposit by $1200.

                    I didn't need to list them, right? I suppose, I'm confused. We just put down our rent amount (Schedule J) and that was that. Is this if you filed after renting?
                    CHAPTER 7 FILED: 1/18/2008: 341: 2/19/2008
                    DECLARED NO ASSESTS: 2/20/2008
                    OBJECTION TO DISCHARGE DUE: 4/21/2008
                    DISCHARDGED & TERMINATED:4/22/2008

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