QUESTION
Can I put late rent into a bankruptcy? How?
Asked on Jul 12th, 2013 on Bankruptcy - New Jersey
More details to this question:
My wages have been garnished do to a pending divorce. So much that I’m only grossing $450 a month. My car payment is $395 a month alone. As a result I’m behind on everything including rent. My landlord is in the process of evicting me. I asked the landlords lawyer if they would wait till the end of the month for payment on late rent and to pay off the remaining lease. I’m cashing out some 401k. They refused and are still going to court. My question is can I put this judgment into a bankruptcy. At this point, I have no choice. Thanks.
8 ANSWERS
Yes, you can discharge your obligation to pay the back rent. That will not prevent the eviction, but relieve you of the monetary obligation.
Answered on Jul 24th, 2013 at 2:15 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Contact a bankruptcy attorney and file bankruptcy.
Answered on Jul 24th, 2013 at 2:15 AM
Sanford M. Martin
In a chapter 7 bankruptcy you may discharge the debt or back rent owed to the landlord, but regardless the landlord can evict you for failure to pay according to lease terms. No, bankruptcy does not resolve eviction problems.
Answered on Jul 24th, 2013 at 2:14 AM
Back rent and any Judgment for back Rent can be discharged in bankruptcy.
Answered on Jul 24th, 2013 at 2:14 AM
Yes, you can and must include every creditor and a debt for past due rent should be eligible to be eliminated in bankruptcy.
Answered on Jul 24th, 2013 at 2:14 AM
Any judgment, except for fraud and support, can be part of a bankruptcy filing.
Answered on Jul 24th, 2013 at 2:14 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Based on the facts that you present, then no, if you already filed the bankruptcy. This is a post-petition debt. If you have not filed bankruptcy - then yes. In fact the law requires that you list 100% of all your debts and your assets.
Answered on Jul 24th, 2013 at 2:14 AM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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You can add the Landlord but they will have the right to request additional security from the court if you want to keep the lease.
Answered on Jul 24th, 2013 at 2:14 AM