Chapter 7 - Will my landlord be notified of my BK7?

[CienK]

Massachusetts. I am current on payments, no late payments ever. Lived here for over 3 years want to stay. I have 6 months left on the current lease, about to renew for another year.

 

[Taxing Matters]

Ask a bankruptcy lawyer if in your case the landlord would be notified. Depending on the circumstances and what chapter of bankruptcy you file it is possible the landlord will be affected.

 

[FlyingRon]

I can almost guarantee he MUST be notified. The landlord is no less a debtor than anybody else. In a bankrutpcy, you don't get to declare certain debtors to be a higher priority just because you want to pay them to the exclusion of others.

 

[CienK]

I can almost guarantee he MUST be notified. The landlord is no less a debtor than anybody else. In a bankrutpcy, you don't get to declare certain debtors to be a higher priority just because you want to pay them to the exclusion of others.

He will not be listed as a creditor, I don't own him any debt.

 

[FlyingRon]

If the rent comes due while the bankruptcy is active, yes he is. He must be listed, notified, and then if you want to keep the lease current, there are procedures for that.

 

[despritfreya]

Unless you are in a month-to-month tenancy, you have a lease. The lease must be disclosed on Schedule G. Technically you have to assume the lease or it is deemed "rejected". Fortunately, 99.99% of the time consumers do not officially assume residential leases and so long as payments are made most landlords could care less.

As to listing the landlord on the Master Mailing List with a full address. . . you are suppose to include the lessor for the unexpired Schedule G lease on the MML with full and complete addresses. If you do not, you will simply receive a notice from the court that it cannot mail the particular creditor any notices.

Des.

 

[STEPHAN]

Did you pay a deposit?

 

[FlyingRon]

Did you pay a deposit?

And this makes a difference, how?

 

[FarmerJ]

If a tenant owes rent and list it as a debt in their filing the LL is supposed to be notified just like the other creditors for the creditors meeting first BUT if no rent is owed and tenant is current every month the BK attorney can prepare the filing so the LL is left out of it SO Cienk talk to your BK attorney , When a tenant does owe rent at the time they file and the LL ends up cant collect even thru the courts due to being listed then the tenant makes it all the easier for the LL to refuse to renew a lease.

 

[CienK]

If a tenant owes rent and list it as a debt in their filing the LL is supposed to be notified just like the other creditors for the creditors meeting first BUT if no rent is owed and tenant is current every month the BK attorney can prepare the filing so the LL is left out of it SO Cienk talk to your BK attorney , When a tenant does owe rent at the time they file and the LL ends up cant collect even thru the courts due to being listed then the tenant makes it all the easier for the LL to refuse to renew a lease.

Thank you! very helpful.

 

[FlyingRon]

If there's a lease and not prepaid, it is required to be listed. It matters not if you're up-to-date.