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WHY??? Landlord Notified of Ch 7 - I am current w/rent

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    WHY??? Landlord Notified of Ch 7 - I am current w/rent

    My landlord just stopped by with his creditor notice from the court (I filed 11-18, so at least I know letter were sent to the collectors) except HE is not a creditor and I am current with rent. I listed him on the unexpired leases schedule (don't remember which one it was) and wrote that my rent was current.

    I am so embarrassed. I did not put him on my creditor matrix. Lord knows what he thinks; we have only lived here since August and we love our new AFFORDABLE ($700 less than my old place) home. He is a small businessman, not a millionaire and needs my rent to pay the mortgage on this building. He is nervous I am going to just leave. I am embarrassed, embarrassed, embarrassed.

    Did I need to list him or should I not have submitted that schedule?
    Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
    New Job 7-2011

    #2
    You should send in a Statement of Intention stating that you want to assume the lease. Let him know your plans. He just doesn't want you skipping out, that's all.
    I may be smarter than an attorney, but I'm not one. No legal advice here, people.
    Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

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      #3
      Originally posted by dumpinmydebt View Post
      You should send in a Statement of Intention stating that you want to assume the lease. Let him know your plans. He just doesn't want you skipping out, that's all.
      Thank you, dmd - I appreciate the information very much. I see you are about a month ahead of me. Has your pro se filing gone pretty smoothly? Are there any pitfalls I should avoid? Tks!
      Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
      New Job 7-2011

      Comment


        #4
        Originally posted by chicagoannie View Post
        I listed him on the unexpired leases schedule (don't remember which one it was) and wrote that my rent was current.
        That's why he was notified. You were legally correct to have listed it. It would have been best if you had given your landlord heads up before, but just be honest with him now. He doesn't want to get stiffed in this process.
        All information contained in this post is for informational and amusement purposes only.
        Bankruptcy is a process, not an event.......

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          #5
          I think my landlord was relieved when I explained that I did everything by the letter - listing him as an unexpired lease...listing my security deposit as an asset. Hopefully it shows I am an honest person. He said his back had been against the wall many years ago and to just let him know if anything was changing with our lease agreement. Thanks, frogger, for letting me know I DID need to list him.
          Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
          New Job 7-2011

          Comment


            #6
            Originally posted by chicagoannie View Post
            Thank you, dmd - I appreciate the information very much. I see you are about a month ahead of me. Has your pro se filing gone pretty smoothly? Are there any pitfalls I should avoid? Tks!
            That's what we're here for!

            Everything has been smooth sailing for us. We have not had any issues. It makes me wonder why I was worried so much about this, when it has been a breeze.

            Just send your Statement of Intention to your landlord, send a copy of the SOI to the clerk of court, and send a certification that you have sent the SOI to your landlord to the clerk of court. I would explain to your landlord what the SOI is and that he will be receiving it in the mail. If you assume the lease, you are legally liable for it, so he won't get screwed. lol.
            I may be smarter than an attorney, but I'm not one. No legal advice here, people.
            Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

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              #7
              My landlady was notified too. But I am on a month to month basis and I am current on my rent.

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                #8
                I understand your embarrassment, but I'm not sure why he would think too much about it. It happens to people, businesses.

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                  #9
                  Well, one good thing - I learned a lesson to advise my landlord if something weird is happening (his business is on the 1st floor, my family is his second and third floor of his property) - I am being subpeoned to testify in a custody case so I let my landlord and his staff know ASAP that the Sheriff may show up today or tomorrow and that I am NOT in trouble with the police!
                  Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
                  New Job 7-2011

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