mobile home lot rent

[drew01]

The wife and I are flying solo through ch 7 so we have no professional guidance and I have a question I can't seem to find an answer for anywhere. Perhaps one of you folks have run across this circumstance in your experience. I live in a mobile home in a mobile home park. We're current on the home but $2,500 behind on lot rent. The question we have is; do we have to reaffirm the debt for lot rent or if the $2,500 is discharged in the bankruptcy, does the mobile home park have to let the issue go? In fact, I want to pay the park back once this rock is off my neck, they have been good to me. But, I've lost just under $50k a year in income and reaffirmation means a schedule of repayment I might not be able to honor until I find a way to replace some of that lost income. I intend to be right about the deal, I just want to do it at my own pace as income vs bills permits not on a negotiated schedule that would be burdensome at this time. Any direction would be much appreciated & thanks for showing us we're not the only ones in this bankruptcy boat!
Thanks -
Drew

[MSbklawyer]

The question we have is; do we have to reaffirm the debt for lot rent . . .

You don't ever have to reaffirm. However, in most states the lot owner will have a statutory landlord's lien on your mobile home and its contents.

[SMinGA]

If you were to move to a different mobile home park, then you could discharge it without issue. But I'm guessing you want to stay there, so it could present a problem.

I understand with utilities - any amount due at date of filing can be included as a debt for discharge. And if its a public utility they cannot refuse future service but CAN require a large downpayment to continue service. For that reason I imagine most people don't try to discharge utilties... Lot rent might be the same - in that the amount owed at filing would be separate from what you'd owe after filing, except I don't imagine they would be required to allow you to continue renting the lot.

[drew01]

Dear MSbylawyer_

My question stems from 11 USC 524 which I'll copy here:

(2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived; and
(3) operates as an injunction against the commencement or continuation of an action,

and if the bankruptcy operates as an injunction against the commencement... wouldn't the park have to institute a legal proceeding to require me to move my home from the park? And by definition of the written/quoted code be barred? Is there some special dispensation for mobile home parks?
Again, I want to be nice to these folks. It's agreeing to a scheduled set of payments, something concrete, that until I either establish a second job or my wife can get hired in somewhere I haven't the funds to guarantee. I just need to be nice on my own schedule.

I appreciate your help, thanks.

Drew

[drew01]

You don't ever have to reaffirm. However, in most states the lot owner will have a statutory landlord's lien on your mobile home and its contents.

Dear MSbylawyer_

Forgive my not knowing how to correctly post!!
My question stems from 11 USC 524 which I'll copy here:

(2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived; and
(3) operates as an injunction against the commencement or continuation of an action,

and if the bankruptcy operates as an injunction against the commencement... wouldn't the park have to institute a legal proceeding to require me to move my home from the park? And by definition of the written/quoted code be barred? Is there some special dispensation for mobile home parks?
Again, I want to be nice to these folks. It's agreeing to a scheduled set of payments, something concrete, that until I either establish a second job or my wife can get hired in somewhere I haven't the funds to guarantee. I just need to be nice on my own schedule.

I appreciate your help, thanks.

Drew

[MSbklawyer]

Dear MSbylawyer_

Forgive my not knowing how to correctly post!!
My question stems from 11 USC 524 which I'll copy here:

(2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived; and
(3) operates as an injunction against the commencement or continuation of an action,

and if the bankruptcy operates as an injunction against the commencement... wouldn't the park have to institute a legal proceeding to require me to move my home from the park? And by definition of the written/quoted code be barred? Is there some special dispensation for mobile home parks?
Again, I want to be nice to these folks. It's agreeing to a scheduled set of payments, something concrete, that until I either establish a second job or my wife can get hired in somewhere I haven't the funds to guarantee. I just need to be nice on my own schedule.

I appreciate your help, thanks.

Drew

personal liability for the debt and property acquired after the commencement of the case:

discharge in a case under this title—

.

.

.
(2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived; and

(3) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect or recover from, or offset against, property of the debtor of the kind specified in section 541 (a)(2) of this title that is acquired after the commencement of the case, on account of any allowable community claim . . .

So, once you get to the point of discharge, true, your landlord can't come after you personally for the debt by virtue of the code sections that you quoted. But if they have a lien against your mobile home and assuming you acquired the home before you filed bk, then your landlord can assert that lien against your mobile home.

Now all of this depends on your state's laws on landlord liens, mobile homes as exempt homesteads and a number of other things. If your state doesn't grant the lot owner a landlord's lein, then they are SOL and you can pay them back at your leisure. They probably wouldn't let you continue to keep you home there, so you'd need to be ready to move it (which, incidentally, would cost you about as much as your late rent). But if they do have a landlord's lien on the home and / or it's contents, they could enforce that lien -- not against you, but against the home and potentially its contents, depending on your state's statute.

If you're going to do this bankruptcy pro se, you need to understand the concepts of in personam liability for a debt and in rem liability for a debt and the difference between them. You'll also need a good understanding of your state's landlord-tenant laws and lien laws and how or whether your state treats mobile homes as exemptable homesteads.

[SMinGA]

I imagine yes - they would need to petition to lift the stay in order to proceed with some form of eviction proceedings to evict you from the mh park. Said eviction proceedings would be court based though I have no way to know how your jurisdiction handles that.

wouldn't the park have to institute a legal proceeding to require me to move my home from the park?

[Universal]

Wow, how complicated. In our 13, which I understand you are doing 7, our lot rent, which is current, could not be counted as an expense.