How open are you about your BK?

[ccsjoe]

empowered,

People who don't own? As in renters? Not sure I follow. We are renters so your comment caught my attention.

[empowered]

Yes, renters. If you're a renter, even if you want to stay, it's possible that your owners, hearing that you've bankrupted, could encourage them to put the house back on the market, for example. My point was just that there are very real reasons to keep one's financial circumstances private. I don't have people to fall back on so someone holds it against me that I've gone bankrupt I have little protection. In communities where one's business and social worlds overlap, it's also harder to control private information making it into the business sphere, even if you don't join the BANKRUPT circle of friends on Facebook.

:]

[ccsjoe]

I totally agree, and hadn't really thought about the landlord side. Guess I should put in a call to ye ole landlord to give him a heads up and let him know it will not affect our relationship. Bottom line I feel about this BK as I do about anything else financial, it's my business period. I (we) choose who to disclose it to or share it with, although with BK there will be a couple forced hands, such as landlord. No shame here though!

[kartoons19]

Being a renter doesn't mean that the landlord will find out about the bk. My landlord was not part of the mailing matrix when I filed (this option may vary by district). It is true that there are people that may find out about the bk, such as future employers, car insurance companies, etc. but when it came to friends and families, I'm glad I had a choice in who to tell. Fortunately no one ever received any collection calls on my behalf!

[researchnerd]

I totally agree, and hadn't really thought about the landlord side. Guess I should put in a call to ye ole landlord to give him a heads up and let him know it will not affect our relationship. Bottom line I feel about this BK as I do about anything else financial, it's my business period. I (we) choose who to disclose it to or share it with, although with BK there will be a couple forced hands, such as landlord. No shame here though!

Please read your lease before making that call. My lease specifically says that if we file BK our lease immediately becomes invalid and we have to move out. It's pretty common boilerplate stuff, and I don't know if my landlord would enforce it, but I'm not taking any chances. Your landlord does not need to know unless you are behind on your rent and including him in your BK.

We have told several people about our BK - a few close friends, a few of my family members and coworkers. My boss knows because I've had to take time off for attorney visits and court dates; after a certain number of "dentist appointments" I didn't want her to think I was interviewing elsewhere. DH has decided not to tell his family because they are overseas and old-school. I don't think they would judge, they know he's been out of work for 2+ years and we've lost our home, but it would just make them worry about us.

[ccsjoe]

researchnerd,

Thank you, and yes, under ordinary circumstances, I would heed your advice about reading the lease. However, I know the BK language is not in it because I'm the one who drafted it from a CA residential template. I will check with my attorney regarding whether our landlord will be notified as he is listed on the executory contracts schedule and on the SOI under unexpired leases.

[empowered]

researchnerd, thanks a lot for speaking up on that point.

ccsjoe, I think it's great that you want to be upfront about the filing but also was a bit concerned when I saw that you did. I have hoped that my own assumption that my landlord would not be contacted unless back-rent was at issue in my filing was correct.

In my own case, my landlord knows that I filed 13 when I was in CA and took me anyway. But I would prefer to leave it at that, in part because of my own anxieties about how bankruptcy limits my possibilities and in part because this landlord let me know that my 13 meant that I'd be paying off all my debt. With a second filing of Chapter 7, that's no longer the case, but I am still a good tenant and do still need a place to live.

Anyway, generally I too see no reason to tell a current landlord about a bankruptcy filing. There are usually enough other issues in any given landlord-tenant relationship to explore.

[ccsjoe]

I think the only real point I'm worried about is him being listed on the SOI. Ford is listed there as well and Ford will be notified of the BK and my intent to reaffirm.

[empowered]

I tried to edit my last post here but since I didn't make it within the 60-minute limit, it is verboten. Anyway, what I was trying to say was that my landlord liked it that the Chapter 13 filing I did entailed my full payoff of the debt. Filing 7 now changes the picture, but I am still a good tenant and hopefully will be an even better one once these financial worries abate. Hopefully, when the employment situation changes, I'll also be able to have enough savings so that if the house goes back on the market again, I can afford the move.

[Protected]

Only my wife and I have discussed this matter. We have not told anybody yet. A few weeks ago when I first starting looking into this I was ashamed and could not sleep and wanted to throw up.
The forum has been a great help to find info on this matter. I have learned alot, so thanks to all of you on here. We are really close on the means test but just both got layoff notices so we are going to wait a few months to file so we are under the median income. I learned this here.

[ccsjoe]

Empowered & researchnerd,

According to my attorney, because I do have a valid lease in place that is being listed on Schedule G, I must choose its disposition on Form B8, Schedule of Intention, Part B. As a reference, choosing the reaff with Ford goes on the same form, but Part A. Therefore, my landlord will get notified.

Only option is to lie and say I don't have a lease. Quite frankly, I prefer to have the conversation with the landlord.

[kartoons19]

According to my attorney, because I do have a valid lease in place that is being listed on Schedule G, I must choose its disposition on Form B8, Schedule of Intention, Part B. As a reference, choosing the reaff with Ford goes on the same form, but Part A. Therefore, my landlord will get notified.

This must vary by district because even though I have my lease listed under contracts, my attorney said the landlord didn't need to be notified of the bk as long as I was current. I have never been late with a rent payment. Along the same lines, I also have a contract with my cellphone provider, but they weren't on the mailing matrix either as I am current with them as well.

I hope that your landlord doesn't give you any problems once they are notified.

[empowered]

I don't believe I was affected by this when I filed the 13 and I was in the Northern District. I wonder if interpretation is also at play or whether chapter is the consideration.

[ccsjoe]

I am not sure. I m going back and forth with my lawyer via email as I'm typing this. My bottom line is I want to leave my LL out of this, but I am not willing to lie on my documents in order to accomplish it. If I have to, I will have a talk with him. Still, would rather not.

[empowered]

Statement of Intention is for secured debt. That's where you're told you should reaffirm? I didn't file one for my current Chapter 7 either, based on not having secured debt.