Notification of bankruptcy? New landlords?

[becky20]

Here's the scenario: You are in an active ch 13. You decide after filing that you want to give the house back to the bank and let them foreclose. Parents, who do NOT know that you filed bankruptcy, offer to buy a house and let you rent it from them. They don't run your credit nor would they show on your credit report in any way. Attorney says that when we move out we'll need to notify the court and trustees of our address change and provide a lease agreement (to show our rent payments so any add'l disposable income can be paid through the plan).

Two questions - what if there isn't an official lease agreement? Do we HAVE to draw up a lease agreement? Would 2 months or 3 months of cancelled checks be sufficient to the trustee to show what our payments are?

Will the courts notify the new landlord of the bankruptcy? They don't know, and we don't want them to know, for various reasons.

Thoughts?

[StartingOver08]

It is best to get a lease agreement anyway - especially from family. Take it from me, a real estate agent that has seen it end up badly on either end if there is no written agreement.

You might want to talk to your attorney to discuss with him - but I suggest a regular signed lease agreement.

[rrockinggramma]

because they were not orginally a part of your bk filing, then I don't believe they are notified. Only creditors on the original matrix. I have moved several times and just my change of address etc was necessary. You will need a lease agreement that specifies the amount of your lease payments and canceled checks will help prove your expense.

Your attorney has to amend your plan so he just needs to show what you are paying now as opposed to what you were paying.