does the lawyer really have to do this? :(

[adaughter]

So the lawyer is insisting on contacting sending a letter to the managment of the apartment complex where we rent stating that a bankruptcy is going to happen in our household because suposedly they are a debtor even tho we pay them...I'm scared this will get us evicted or something...


also my aunt was a co signer on this apartment and now he is saying he has to notify her also and is asking for her address. ugh this sucks now the world will now about this bankruptcy

has anyone else had this happen to them?

[justbroke]

has anyone else had this happen to them?

Are you up to date on your payments to the Apartment complex? Have you ever been late?

The reason is, that in a Bankruptcy, you can "assume" or "reject" any lease. The Apartment complex is at risk, because you can decide to walk away from the lease, without penalty. They must be notified.

Also, because you have a deposit with the Apartment Complex, it's considered an "asset". In a Chapter 7, the Trustee may want to reduce the deposit (possible... although I haven't personally heard of that ever happening). That's because a deposit is really your property, held in trust.

If you're okay with the apartment complex (never late, all paid up), then you'll have no issues with them being notified.

[adaughter]

okay thanks justbrokee...its just really nerve racking you know?

we have never been late on any payment and are even able to pay rent in advance I'm just worried because this complex checks credit and stuff so I dont want them to think we are going to become bad tenants due to this bankruptcy

[justbroke]

okay thanks justbrokee...its just really nerve racking you know?

we have never been late on any payment and are even able to pay rent in advance I'm just worried because this complex checks credit and stuff so I dont want them to think we are going to become bad tenants due to this bankruptcy

You have a lease. They can't throw you out because of Bankruptcy (you're protected from that). What they can throw you out for, is if you're late or behind.

What you need to do once declaring Bankruptcy, is to make sure payments are on time. That's all anyone really cares about!

[adaughter]

okay I didnt know that its protected thanks for that. but its not a lease its a month to month rental agreement btw...


also they said they need to send my aunt a letter because she is a co signer on the apt will this affect her in any way is one of my other worries. I hope not.

[justbroke]

okay I didnt know that its protected thanks for that. but its not a lease its a month to month rental agreement btw...

Well, a month-to-month is generally cancellable by either party with 30 days notice. As long as you're on good terms with the Complex, are a model tenant... I don't see why they'd even bat an eyelash. They may send you a letter to inform you that you must remain on-time payments. Other than that, you're not discharging any debt owed them, so they shouldn't be concerned.

also they said they need to send my aunt a letter because she is a co signer on the apt will this affect her in any way is one of my other worries. I hope not.

This will not affect her in any way. It may reflect your relationship with her. You may want to let her know in advance that you're filing and she'll receive a letter, but there's nothing she needs to do. Also reassure her that there's nothing to worry about.