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Should I add my old landlord to Schedule F with estimated charges?

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    #16
    Originally posted by dumpinmydebt View Post
    Holy crap. That sucks. lol
    Yes it does! I have 50 creditors on my matrix! I received a deficiency notice when I submitted a Notification of Change of Address! Luckily, I converted shortly thereafter so they all got the new address on the new Notice of Bankruptcy served by the Clerk.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #17
      This is a low quality, 10 year old carpet that already had stains when you moved in? Before admitting any liability, I'd look into whether the landlord can charge you to replace the carpet. It sounds like it would need to be replaced even without the stain you added.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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        #18
        Originally posted by LadyInTheRed View Post
        This is a low quality, 10 year old carpet that already had stains when you moved in? Before admitting any liability, I'd look into whether the landlord can charge you to replace the carpet. It sounds like it would need to be replaced even without the stain you added.
        Good point! I agree with that.
        Filed Ch. 7 on 9/30/10---341 11/12/10---Report of No Distribution 11/16/10

        Discharged 1/21/11 Closed 1/26/11

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          #19
          Originally posted by LadyInTheRed View Post
          This is a low quality, 10 year old carpet that already had stains when you moved in? Before admitting any liability, I'd look into whether the landlord can charge you to replace the carpet. It sounds like it would need to be replaced even without the stain you added.
          Yes, that's a good point. But I really can't prove that the stains were there before we moved in, that's my issue.

          So I'd prefer to just add it in case, which is why I'll probably put contingent since there really is no charge until the purchase is made. Of course, I could just wait until she tells me she is charging me for it, I would probably know before my 341 anyway. Actually, I should know this week.

          I could probably get really technical with her as I guarantee she will use my security deposit without going through the proper court procedures, but as long as she doesn't dispute anything or fight the discharge, then I won't.
          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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            #20
            Originally posted by dumpinmydebt View Post
            Yes, that's a good point. But I really can't prove that the stains were there before we moved in, that's my issue.

            So I'd prefer to just add it in case, which is why I'll probably put contingent since there really is no charge until the purchase is made. Of course, I could just wait until she tells me she is charging me for it, I would probably know before my 341 anyway. Actually, I should know this week.

            I could probably get really technical with her as I guarantee she will use my security deposit without going through the proper court procedures, but as long as she doesn't dispute anything or fight the discharge, then I won't.
            You need to do what you are comfortable with, but I want to add one point.

            When I bought my house, I had been living in an apartment for 11 years. I was really worried about a large leather dye stain and other smaller damages to the hardwood floor. I also worried about all the spackled spots I was leaving on the walls where I had put holes. My friend who used to be a property manager told me not to worry about it because after 11 years, they would have to paint and redo the floors anyway due to normal wear and tear. She was right. I got my entire deposit back without a problem. Based on how you described it, I bet that carpet was not meant to last more than 10 years and is overdue for replacement, even without stains.

            I like the idea of waiting until she tries to charge you.
            LadyInTheRed is in the black!
            Filed Chap 13 April 2010. Discharged May 2015.
            $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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