QUESTION

Do I Have to list my new apartment in my chapter 7 bankruptcy?

Asked on Aug 01st, 2016 on Bankruptcy - Oregon
More details to this question:
My slab in home failed. My attorney knows that I am trying to secure an apartment lease before I file. I am filing while living in home but signing lease before filing to move in after filing and deposits. I don't want new apartment to know I am filing and canceling lease. Am I required to list deposits for new apartment? Why would an attorney tell me to secure a place to live and then make me list it and take chance on them cancelling lease? I am in tears.
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5 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Landlords don't have the option to cancel your lease because you filed bankruptcy.
Answered on Sep 01st, 2016 at 5:46 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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It sort of sounds like you are asking for permission to hide information about a deposit you paid for an apartment from the bankruptcy court. That is called BANKRUPTCY FRAUD. If you want to meet some of the gals from the Real Housewifes series, a good way to do this is by getting to sent to prison for this crime, where several of these ladies are also doing time for this crime in prisons that are not really country club worthy.
Answered on Aug 30th, 2016 at 5:48 PM

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Bankruptcy Attorney serving Hampton, VA at Haven Law Group, P.C.
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You must list it but the landlord cannot kick you out as long as you continue to pay on time. Attorney is correct and advising you correctly.
Answered on Aug 30th, 2016 at 5:48 PM

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Landlord & Tenant Attorney serving Thibodaux, LA at The Louque Law Firm, L.L.C.
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You are not only required to list the security deposit you hand to the landlord on Schedule A/B, you are required to list the lease you are going to sign/have signed on your bankruptcy schedules as an executory contract because it is a lease that is not expired (if it's in effect when you file). If you leave it off, you risk not getting a discharge for hiding a potential asset. It can also be considered bankruptcy fraud (especially since you are seeking advice publicly on whether you can hide the assets from your creditors and the trustee). Whether your new landlord cancels the lease is up the landlord and the language in your lease.
Answered on Aug 30th, 2016 at 5:55 AM

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A deposit is considered an asset, so it must be listed on your schedule of assets but it is not necessary to notify your new landlord of your bankruptcy. It makes sense to secure an apartment before filing because most landlords will run a credit check and refuse to rent to you if you are involved in an active bankruptcy. But it's really none of their business if you file for bankruptcy after securing the apartment lease, as long as you make all your rent payments on time.
Answered on Aug 29th, 2016 at 6:17 PM

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