QUESTION
Do I have to notify my landlord of my bankruptcy if I am current with my rent?
Asked on Oct 10th, 2012 on Bankruptcy - Colorado
10 ANSWERS
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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Yes.
Answered on May 21st, 2013 at 3:00 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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That is a question your should ask your attorney. Technically the answer is yes, but sometimes there are reasons not to. You really need to obtain legal advice before making a decision. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Oct 14th, 2012 at 8:31 AM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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Question: Do I have to notify my landlord of my bankruptcy if I am current with my rent? *- yes, your landlord will have to listed under Schedule G (Executory Contracts and Unexpired leases) and your security deposit will have to be listed in Schedule B as an asset, too. *
Answered on Oct 12th, 2012 at 9:58 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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You do have to provide notice to your landlord if you are filing for bankruptcy; in the petition, you can specify that you want to keep your lease with your landlord so that they know you do not intend to stop paying your rent. Your landlord may ask you to sign a new agreement to pay rent as part of the bankruptcy process.
Answered on Oct 12th, 2012 at 4:14 AM
Do you have a lease, or are you month to month? If you have a lease, you have to disclose it in schedule G.
Answered on Oct 12th, 2012 at 3:19 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, you have to notify your landlord that you are filing bankruptcy. It is right there in the paperwork.
Answered on Oct 10th, 2012 at 4:12 PM
You would list your landlord (residential lease) as a debtor only if you seek to discharge a delinquent debt. Any debt not listed is not dischargeable. There is no reason to notify the landlord for rent due in the future; a person who does not pay rent will get evicted anyway.
Answered on Oct 10th, 2012 at 4:12 PM
Probate and Estate Planning Attorney serving Harrison, MI
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David T. McAndrew, Attorney at Law
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Do you have to give him notice personally? No but he might receive notice from the court if you listed him in your Schedules under executory contracts, since a lease might be listed there.
Answered on Oct 10th, 2012 at 4:09 PM
If you have a current lease with your landlord, this obligation to pay rent in the future should be listed on Schedule G of your bankruptcy petition & your landlord should be notified of your bankruptcy. If the lease has expired & is now month to month, you don't need to notify your landlord since you owe no rent.
Answered on Oct 10th, 2012 at 4:06 PM
Daniel James Wilson
No. You need not notice anyone but creditors.
Answered on Oct 10th, 2012 at 4:04 PM