question on Individual Debtor's Statement of Intentions

[cruzer]

The only lease I have is my apartment lease. Do I need to list that on this form as wanting to retain and reaffirm debt if I want to stay renting my apt?
Thanks

[justbroke]

There are differing legal theories on this issue. First, if you are on a month-to-month, then you have no lease. So if you have lived there for more than a year, you are likely month-to-month. Second, if you are not behind in payments, the "theory" is that you do not need to put the landlord/owner on the mailing matrix. Third, if you are behind and in default, then you do need to list the lease and either assume or reject the lease. (There are also other things you need to do if you are in default.)

While I can't give you the "right" answer, because there isn't one, many attorneys tend to not list residential property leases when they are not in default and the debtor wants to stay.