Remember that part where you swore an oath that you had listed all your assets and all your debts? There isn't a bit that says "you can pick and choose which debts you list". Didn't your lawyer tell you something along the lines of "List everybody you might owe because there is no problem with listing people without a debt but it can be a big problem to miss somebody.| The first issue is whether the landlord knows of your bankruptcy despite not getting a notice from the court. Did you tell the landlord that you filed? If so, did you tell him before the cut off date for filing claims. Then the debt to the landlord is included in the bankruptcy, the problem is proving it. Did you tell him in writing, in an email etc? If not, then you might come to a "he said/she said" in court - which is expensive and the outcome is uncertain. If the landlord didn't have notice of the bankruptcy, can you hold him to a verbal change in your contract. Sure, the contract probably says all changes must be in writing but over the course of dealing with him did you develop a practice of making verbal changes? You can usually enforce a verbal agreement, if it has become habitual in your relationship. Also, did you change your position based on the verbal change in the contract - arguably you changed your position by not listing him as a creditor in your bankruptcy - because you believed the deal was valid and the lease was terminated.
Answered on Jan 26th, 2015 at 2:56 PM