top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Form 1: Statement by a debtor who resides as a tenant

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Form 1: Statement by a debtor who resides as a tenant

    The petition instructions I'm reading state "A debtor who is not a tenant, or who is a tenant whose rent is current or whose rent is not current but against whom the landlord has not obtained a judgment on the date the petition is filed, should leave this section blank".

    Is there any harm in checking the box and serving your landlord with a copy of your Form 1 even if the above conditions are true?
    3/7/11 -

    #2
    No. The purpose of that is to administratively STOP (stay) an eviction and allow the landlord to proceed under some VERY specific conditions. Also, you'll frustrate the Court since they will order you to pay ALL FUTURE rent that comes due, to the Court.

    If you just want to NOTIFY the landlord then include them on the Creditor Matrix.

    If you want to assume or reject the unexpired lease with your landlord, include them on the Statement of Intentions (SoFI).

    If you don't understand what I just wrote... I have to ask you if you at least have a guidebook such as NoLo's guide to Chapter 7?

    No one is ever served the petition itself (Form 1). The clerks sends a "Notice of Bankruptcy" to all on the Creditor Matrix upon the filing of the case.
    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.

    Comment


      #3
      As a pro se filer, you may want to follow the rule that the attorney I work for often reminds me of: "If it's not required, leave it out."
      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!

      Comment


        #4
        Originally posted by LadyInTheRed View Post
        As a pro se filer, you may want to follow the rule that the attorney I work for often reminds me of: "If it's not required, leave it out."
        Sage words.
        3/7/11 -

        Comment

        bottom Ad Widget

        Collapse
        Working...
        X