Help ASAP regarding renting & bankruptcy

[herekitty]

I've been trying to find a thread like this but haven't found it yet ...

Here's my question. I've been living in an apartment for one year, signed a renewal 2 months ago - but am now filing bankruptcy. I really can't afford the rent anymore and have tried to talk to the management company who has only said I can sign a re-rental agreement and pay all advertising costs plus rent and utilities until they find someone else to move in. I haven't paid rent yet and my dad suggests I don't - just move home by him this weekend and deal with the eviction. My main question is how does this play into my bankruptcy? Will I still have to pay any costs associated with the eviction? Is there anyway really around this?

Thanks, I appreciate all the help!

[mymymy]

Have you filed yet? No? Good. Be sure to include your landlord in the BK petition. List the amount as unknown, unliquidated and contigent.

I wouldn't pay the rent if you are going to file soon. Use that money to save for a new place after the discharge. It's wonderful that you're dad has offered you a place to live! In the meantime, if you file before they start eviction proceedings.. you'll be able to stay there until they petition for and are granted a lift of stay. It could take a few months by the time it's all said and done..

You haven't told the LL about the BK, right? Well.. don't. File and let the court notify them. Don't give them a reason to start eviction proceedings until you're ready... (if you don't pay this months rent- they'll probably torture you for a few weeks with notices for late charges etc etc until they take other action)

When were you planning on filing?

[herekitty]

Feeling a bit more relieved, thanks.

I'm filing this Friday at 11:30 ... just made the appointment with the lawyer. I'm glad you said not to notify them! My dad suggested sending a letter to let them know about my situation - I haven't yet, wanted to get my eggs all in a row or what not. I told them I was having financial troubles, but not about the bankruptcy.

I'm planning on moving out within the next two weeks - majority of the little things this weekend and the big stuff next weekend. I've been very lucky with having family support - but I think the best thing has been this message board!

Does anyone know if they can still come after me after the bankruptcy? The landlord is kind of scummy and I think he'll try to dock me for damages (even though its just wear and tear).

[mymymy]

Just make sure they are included in your BK petition and after that (THIS Friday!) they can go pound sand! IF they did try to come after you following the BK ( after eviction and all that business) you would be able to slap sanctions on them at 1000.00 per occurance, lawyers fees, and damages. Don't worry about that. And you really don't have to move in such a rush.. you really don't. It will be at least a month or two before the shite hits the fan. Could take even longer and since you've already lined up a place to go.. lol. Well.. let's just say that's half the battle!

[mymymy]

Let me clarify something.. IF they try and take ANY action after FRIDAY, without a lift of stay.. they can have some serious problems. The BK Courts take the automatic stay VERY seriously.

Oh.. and be sure to tell your lawyer about any security deposit that the LL may have. That's an asset and the trustee may want to take it from them.

[Minnymouth]

I haven't made a house payment in over a year now, during my BK......and still in my home....waiting on negotiations to end.....
Sit tight, don't get in no hurry, take your time moving.
Mymymy is right - that deposit is an asset I do believe....include it in your asset list for the trustee. I'm sure your landlord will "love" that!


Minny

[herekitty]

Thank you so much guys, I really appreciate all the advice! I'll make sure to list it as an asset - when I told my lawyer about the amount of the deposit he seemed happy since it was only $200.

[mymymy]

Yes.. your attorney is happy because that small of an amount will not even raise the eyebrow of a trustee, a deposit of say 3000.00+ would be more likely to get his juices going.. a small deposit or other monies = less chance of turning your no-asset case into an asset case.

You must list it anyway.

Did your lawyer give you the run-down about money in your checking and saving accounts on the DAY you file? Well.. he will. You're going for your first meeting with him on Friday, is that right? Hopefully, he's on the ball and files it next week.. 2 weeks at the latest. In the meantime, mums the word until you have a case number or supply your attorney's name and number when the time comes. I'm sure he'll tell you all this on Friday. Good Luck, Sweetie and stick around, let us know how you make out.

[herekitty]

No - it's my second meeting. I don't know anything about amount in checking account? He didn't give me that run down. Friday is payday (direct deposit) ... there will be $675 in there. Minus his $475 and bills, I'll be left with a mere $19.00, but they won't be cleared then. Can you fill me in?

Thanks!

[mymymy]

OK.. something to be cautious with then. Since you are going to meet with him, presumably to give him final payment and to go over everything one more time, I think it's safe to say that he won't be filing the petition on Friday, correct?

You see, the trustee is entitled to any and all monies in your account(s) on the DAY you file. You should have an empty or nearly empty account(s)- ( Someone who pulls 5000.00 out the day before filing has some splainin' to do..but, that's okay, too as long as the money is not used on luxury purchases) Anyway, some trustees are very aggressive and don't give a hoot if you pulled that cash to pay your lawyer or your electric bill, the best course of action is to file on a day when the account has your 19.00 leftover dollars in it at the BEGINNING of the bank day. As it sits right now.. your beginning balance will be that 675.00 on Friday. I would say wait til Monday.. but, as an astrologist.. I have to warn you that this Monday is a VERY bad day to file. Tuesday would be ideal. OK?

[herekitty]

Now I'm getting confused ...

I met with him for initial consultation. On Friday I will be handing over my worksheets, bills, etc to begin the process - is this the day he files the petition? Or does that come along later?

As a capricorn and a firm believer in astrology - Tuesday sounds good.

[mymymy]

Now I'm getting confused ...

I met with him for initial consultation. On Friday I will be handing over my worksheets, bills, etc to begin the process - is this the day he files the petition? Or does that come along later?

As a capricorn and a firm believer in astrology - Tuesday sounds good.

LOL.. I'm a Capricorn, too.

OK.. I think you're good to go. There's no way he will be able to transcribe all of your info onto the actual petition on the same day unless he's ONE HELL of a lawyer. BUT- he may file electronically-- SO- make sure you clarify that he will not be filing on your payday- this week OR next week. And tell him you absolutely DO NOT want those papers filed this Monday. It is one of the most adverse days of this year, so far.

[herekitty]

Rock on Capricorns!

Glad you gave me that advice! I'll make sure he doesn't! Wow ... this message board is saving my butt!

[Lightning]

Rental agreements do not function like mortgages, meaning if you stop paying rent, you will likely be evicted very shortly. Don't expect to live in the apartment for a year without paying any rent.

[herekitty]

Right, I'm still going to move out within the next couple of weeks - frankly they aren't the best apartments on the planet. Thanks everyone!