QUESTION
Can a tenant who has a chapter 7 that has not yet been discharged include rent in it?
Asked on Sep 23rd, 2015 on Bankruptcy - Colorado
7 ANSWERS
Yes. But he or she is also subject to eviction for not paying rent.
Answered on Sep 29th, 2015 at 1:29 PM
The tenant can include rent that was owed at the time the bankruptcy was filed. But any rent that became due even one day after the bankruptcy was filed would not be covered by a bankruptcy discharge. Pretty dirty trick to file bankruptcy and keep running up debt. Sort of like using the court to rob someone.
Answered on Sep 29th, 2015 at 1:28 PM
Any rent that was past due on the date of the tenant's bankruptcy filing is discharged, but the tenant remains responsible for every day after that. You must file a motion for relief from the bankruptcy stay to start eviction proceedings, unless the tenant has an attorney who is willing to discuss a settlement and a mutually agreed date for the tenant to vacate. You may not contact the tenant directly, however, as that would be a violation of the bankruptcy stay.
Answered on Sep 29th, 2015 at 5:59 AM
No, he can not not even before or after still evict him.
Answered on Sep 29th, 2015 at 5:58 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You can only discharge debt which arose before you filed your petition.
Answered on Sep 29th, 2015 at 5:58 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Rent from before the date the renter filed bankruptcy is included. Rent after the filing date is not.
Answered on Sep 29th, 2015 at 4:39 AM
Derek W. Freeman
Rent that was owed prior to the date you filed bankruptcy can and should be included in the bankruptcy. You are required to list each and every debt that you owe, even if you plan on paying that debt. In the case of rent, if it's for your current residence, you probably want to pay that money so that you don't get evicted when the bankruptcy case closes. However, if it's rent for a place you no longer live at, the debt should be included in your schedules so it can be discharged. If you're trying to include rent that accrued following the date you filed bankruptcy, you can forget it. Bankruptcy only covers debts that were owed as of the date you filed your case.
Answered on Sep 28th, 2015 at 5:19 PM