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can you lose your apartment filing for 13

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    can you lose your apartment filing for 13

    We rent, never have missed a rent payment always on time. Can we be in any kind of risk of not having our lease renewed if we file chapter 13?
    Filed August 09, all payments made as of July 12th, 2013.....Waiting on final audit and discharge!

    #2
    Since Ch 13 is a restructuring of your unsecured debt and not a complete wipe out like Ch 7, because some of your debt will be paid back, that can make it an easier bankruptcy to explain and for landlords to accept.

    Frankly unless you are months in arrears now making your rent payments, it's unlikely that a landlord will want to give up consistent and on-time rent payments in this kind of economy. However, if your landlord isn't reasonable, then frankly there won't be much you can do about it. But for what it's worth, I think the chances are good that you'll be fine and get to stay in your rental after filing.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      how would they even know about it???
      Filed August 09, all payments made as of July 12th, 2013.....Waiting on final audit and discharge!

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        #4
        Just to let you know...when we filed 13, were current on our rent, etc...the lawyer asked if we wanted to keep the lease. We said yes and he said 'Then I will keep the lease OFF the mailing list for creditors.

        Hope this helps.

        bk22

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          #5
          thank you, yes that makes me feel better, we love our place and don't want to be forced to move.
          Filed August 09, all payments made as of July 12th, 2013.....Waiting on final audit and discharge!

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            #6
            D.A. If you like that place very much, make a subtle effort and really makeing it cute or police the yard and plant some flowers, etc. I'm with 'lprn' that you won't have a problem. There are now many vacant houses ready to be rented and you are a 'sure thing'. Quit worrying. You are on a way to a new life. 'Hub
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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              #7
              Good news, I called and asked about this. (I told them I was asking for a friend), they said no worries as long as the rent is current. They don't pull new CR when renewing leases anyway!
              Filed August 09, all payments made as of July 12th, 2013.....Waiting on final audit and discharge!

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