Assuming apartment rental lease: how to fill in forms?

[mtbc]

We are filing chapter 7 and presently renting an apartment that we and our landlord are happy for us to stay in. It's a year-long lease (which I guess we mention on Schedule G) with a security deposit held in our name (which I guess we mention on Schedule B). We're up to date on our rent and will remain so.

So, of course, we'd like the lease to be assumed. Does that mean we have to serve the trustee and our landlord with a Statement of Intention? If so, how on Earth do I fill it in? There isn't a "debt" as such. Do I just read "lease agreement" for "debt" in answering the questions? And then our security deposit is the "property securing debt"? And then do we have to fill in Schedule D with our landlord's details and have the security deposit as the "property subject to lien"?

An example of a Statement of Intentions filled in for an apartment lease would be great to see.

[mtbc]

... huh, or is the apartment itself the thing subject to lien? Though we obviously don't own it. I just can't make sense of this talk of an ongoing current apartment rental as if it were a car we owned and hadn't finished paying off yet.

[justbroke]

I think this may be District specific. I actually filed a motion to reject my lease although it's done automatically. Your District may allow you to assume them by noting so in Section B of the Statement of Intentions.

This is a very good question though, and I have no good answer.

[mtbc]

Mmmm. I have no idea if a statement of intention is required at all if the landlord isn't even a creditor. Perhaps I can just add a note on schedule G that I wish the lease to be assumed.

[justbroke]

Mmmm. I have no idea if a statement of intention is required at all if the landlord isn't even a creditor. Perhaps I can just add a note on schedule G that I wish the lease to be assumed.

Statement of Intentions does deal with leases. When you file Bankruptcy, you have property (the leasehold) that doesn't belong to you and that you have under the terms of a lease. In most cases, that makes the landlord/owner a creditor. Schedule G is not the place to "note" this.

Again, I would find out what the procedure is in your District as to whether an Assumption needs to be done by motion or not. This is a procedural question, and you can ask your Case Manager if it's done that way.

[mtbc]

Ah, that's how its seen! Cool, thanks. (I'm in Massachusetts; annoyingly, the local rules don't seem to mention this at all.)

[mtbc]

I should have noted here in this thread how my query went: I went in and asked the pro se law clerk but she said that seeing as I've mentioned it on schedule G (and the security deposit on B and C) nothing more needs to be done, she seemed to think that statements of intention are more for things like car loans and that I should just file a "none" form 8 (though I thought if there were no relevant things that no form 8 needs to be filed at all). Maybe I'll just do that then. What an easy district. I was afraid I'd have to figure out how to act on 11USC365(p)(2) or something.

[lezlovin]

the statment of intetion has a section for unexpired leases. I put my apartment lease down. the thing i had trouble wtih was the part where it said "lesseee " and I didnt know if that was me or them. so i guessed. yeah im stupid i know ppl

[KarenM121]

Hey mtbc (and anyone else who finds this thread) forms are really important, and read the fine print! something you need to also know is make sure you always do a walk through the apartment with the manager, and note problems within the place you want solved, and to make sure they don't try and charge you for the damages you didn't cause. this is another way to slowly work yourself toward bankruptcy!

[ccsjoe]

We assumed our lease. Listed security deposit on Schedule B, exempted it on C. Listed lease on Schedule G and on Statement of Intention, part B as Leased Property.