QUESTION
If I owe money on an apartment I was evicted from, lease is under my name and someone else's, will this be covered when I file?
Asked on Jun 29th, 2013 on Bankruptcy - Georgia
More details to this question:
There is no case yet but I just don't know if I should file bankruptcy or not due to not having the money to pay it off.
9 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Deciding whether or not to file bankruptcy is a serious matter, and usually the debtor should have several debt problems, or one very large one, to justify it. If you file under Chapter 7, your co-debtor will be just as liable as you for the debt: i.e. you can't protect the roomie. Even if you filed Ch. 13, you could only protect the roomie if your Plan provides for 100% payment to the landlord. Find a skilled bankruptcy lawyer and give him or her all the details.
Answered on Jul 02nd, 2013 at 4:42 PM
If you list it (and you must) it will be covered unless there are some unforeseen complications (like fraud) that renders the debt nondischargeable.
Answered on Jul 02nd, 2013 at 12:57 PM
Bankruptcy Attorney serving Charleston, SC
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Davis Law Firm
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If you file bankruptcy, all of your non-dischargeable debts will be discharged. Unpaid rent is usually not a problem if you file bankruptcy. Of course, if there was some bad faith in your non-payment, then the apartment owner could try and block your discharge. I have never seen such a debt blocked from discharge, but, you need to meet with an attorney and go over all of the facts surrounding the rental and see if there is a problem. If you file bankruptcy, the person who was on the lease with you will likely become solely liable for the unpaid rent.
Answered on Jul 01st, 2013 at 7:27 PM
You can eliminate this debt with your bankruptcy, but the other person whose name was on the lease may still have to pay for the damages.
Answered on Jul 01st, 2013 at 7:27 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It should be included.
Answered on Jul 01st, 2013 at 7:26 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Yes, it would be included.
Answered on Jul 01st, 2013 at 3:12 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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This debt will be included in a bankruptcy. You should talk to an attorney to see if you should file and what type of bankruptcy is available to you.
Answered on Jul 01st, 2013 at 2:59 PM
Balances due to former landlords are dischargeable in bankruptcy. You should also list as a creditor the other person on the lease.
Answered on Jul 01st, 2013 at 1:03 PM
William Rhymer
If you and another person both signed the lease, a bankruptcy would only effect your liability on the lease. If the other person actually signed the lease with you, they would still be liable regardless of what you do.
Answered on Jul 01st, 2013 at 11:23 AM