QUESTION
Does a bankruptcy release her from our lease agreement?
Asked on Jul 11th, 2011 on Bankruptcy - Georgia
More details to this question:
My tenant filed bankruptcy back in March and just now notified me (July) via a written note (certified mail) that she wants to move out and break the lease. Does a bankruptcy release her from our lease agreement? She is still living in my property but wants to move out asap. Thanks!
10 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You can find out who that is from the court.
Answered on Jul 08th, 2013 at 2:59 AM
As long as no new paperwork has been signed after the date of filing - yes, the lease and contract therein is part of the BK.
Answered on Jul 14th, 2011 at 12:33 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If you were lawfully notified of the bankruptcy then you can check with the trustee to find out what, if anything, happened with your lease. If you weren't properly listed and the lease obligations discharged, then the lease should still be in effect.
Answered on Jul 13th, 2011 at 3:04 PM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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Yes. She probably gave you notice of the filing, and she doesn't need to retain the contract.
Answered on Jul 13th, 2011 at 2:58 PM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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You would have to look at the bankruptcy documents to determine your rights.
Answered on Jul 13th, 2011 at 2:22 PM
Bankruptcy Decision Attorney serving San Diego, CA
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Law Office of Daniel G. Shay
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Yes, normally filing Chapter 7 releases a Tenant/Debtor from a lease. Tenant should have listed you on Schedule G as a lease holder and you should have received notice of the BK, but Tenant is still not liable - unless this is an asset case meaning the Debtor/Tenant had un-exempt assets that were distributed to creditors, but this is very rare.
Answered on Jul 13th, 2011 at 2:15 PM
Chapter 13 Bankruptcy Attorney serving Beaverton, OR
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Law Offices of Alexzander C. J. Adams, PC
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You likely have a claim against her for post petition rent, but make sure you speak to an attorney with bankruptcy prior to sending demands to the tenant.
Answered on Jul 13th, 2011 at 2:15 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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A lease must be disclosed in bankruptcy. If the debt is omitted it might not be discharged. However, if this was a no asset case it is most likely discharged.
Answered on Jul 13th, 2011 at 2:00 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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The tenant can state in the bankruptcy petition that he or she wishes to cancel any contract, including a lease agreement.
Answered on Jul 13th, 2011 at 1:33 PM
Glen Edward Ashman
If she properly rejects her lease in bankruptcy it does release her. Of course that also obligates her to leave.
Answered on Jul 13th, 2011 at 1:20 PM