Are lease agreements covered under Ch. 7

[Tedderbear]

Okay I have a 2 year lease agreement and we were going to stay the 2 years out which ends in November 2007. We found out that our landlord hasn't been paying the HOA dues so we received a foreclosure notice. We decided to break the lease because we did not want to take the chance of the property being forclosed on and not having anywhere to go since we have 2 small kids. We told our landlord that we wanted to move out effective July 31 but he wants us to stay until at least September 30th, 2006. We're moving at the end of the month and I think he is going to try to sue us for breaking the lease. Shouldn't this be covered under our bankruptcy since we didn't reaffirm our lease agreement with him? Please help........i'm desperate.

[Princesskina]

Okay I have a 2 year lease agreement and we were going to stay the 2 years out which ends in November 2007. We found out that our landlord hasn't been paying the HOA dues so we received a foreclosure notice. We decided to break the lease because we did not want to take the chance of the property being forclosed on and not having anywhere to go since we have 2 small kids. We told our landlord that we wanted to move out effective July 31 but he wants us to stay until at least September 30th, 2006. We're moving at the end of the month and I think he is going to try to sue us for breaking the lease. Shouldn't this be covered under our bankruptcy since we didn't reaffirm our lease agreement with him? Please help........i'm desperate.

Okay as u can see i'm new but I can say this is tricky if it's included in the bankruptcy then I say hey gr8 go for it BUT also being a housing court specialist in rental (NYC) the foreclosure notice u received is ENOUGH for u to have proper reason to break the lease.

[Minnymouth]

Yes, I believe that this is also included in the discharge if you did not reaffirm the lease agreement during the bankruptcy process...... Did you include this debt as your want to surrender it and move out????

[Tedderbear]

When we started the process we told them that we were renting a townhouse but I checked my schedule G and the lease is not listed on there. Also the landlord came and picked up the foreclosure notice before I could make a copy of it. My dh called him before I got home to make the copy I wonder if there is a way for me to get a copy of that notice since I am the renter.

[alh]

Those should be public notices so you should be able to find a copy if needed.

[SinkingFast]

Yep, you can include the lease. The total value of unpaid payments, an open ended "Damages" statement. Whatever your attny feels like he/she should list as far as your Landlord is concerned.

We skipped out 2 months early on our previous lease. Our attny is listing the old Landlord as a Creditor and including the 2 months of rent we owe, plus excess for propane we may not have paid, plus an open ended amount for damages.

[Tedderbear]

SF-
Have you already had your 341 meeting? We have.

[Tedderbear]

Post Lease Agreement

I will post my lease agreement to make sure I'm not missing anything. But from what I can tell there isn't anything in the lease about breaking it so can he charge us anything?

[Tedderbear]

Check out my Lease!

Well my file is too big so I can't post it. Any suggestions?

[SinkingFast]

Nope. We haven't had our 341 yet. Haven't even filed yet. Our attny wanted us to get moved and settled with all our new utilities bills before completing and filing our petition.

You can add a Creditor any time before you get discharged. It may slow down the whole process a bit, but it can be done. There's a nominal filing fee. $26 I believe. Plus your attny may charge a bit for the extra paperwork. Then the new Creditor will have to be notified and have the 60 day objection period like all your other Creditors. So it may extend out your discharge a bit.

BUT, the big problem you'll have is renting a new place while you're in an open and active BK. Most Landlords know you can add them at any time up to Discharge. You could, theoretically sign a lease on day, and file to discharge the debt value of the lease the very next day. So many Landlords simply won't rent to you until after the BK is completed.

[Tedderbear]

Sf

Well good thing about is we're moving in with my mom to save money for our downpayment on a house so i'm not worried about renting.

[SinkingFast]

Well good thing about is we're moving in with my mom to save money for our downpayment on a house so i'm not worried about renting.

You must be a dear, Tedder! I don't think I could pay that price, myself! We'd butt heads for sure. Mom or MIL and me. If we had to live with either for any amount of time in their home.

[Tedderbear]

Fortunately I have a good relationship with my mom so there won't be any issues there. And my husband loves my mom and we've all lived together before so it's not a big deal. Besides we're thinking about the bigger picture here, saving some major cash! We're just willing to make the sacrafice so we can obtain the goal of getting that house so our kids will have the life we've always wanted to provide them. Plus the apartment living thing doesn't go well for us because our children our younger they like to play and neighbors always complain so it's time for the HOUSE! We're shooting for early next year so i'm ready to start working hard to get the credit cleaned up!