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Including monthly rent on Shedule G if lease expired?

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    Including monthly rent on Shedule G if lease expired?

    My wife and I rent our home. We've lived there over a year and a half. After the first year, the lease expired and the landlord never had us resign. We just pay our rent every month and everyone is happy.

    We have not disclosed our financial situation to him, both out of embarrassment, but also out of worry that he may see us as a risk and not want to rent to us anymore. (Although, he's a nice guy who likes our family so it may be an unfounded fear)

    Is it OK to not include our Rental on Schedule G or in the statement of Financial Affairs? The form specifically asks for "unexpired leases" and our lease has expired.

    Also, by leaving it off, I'm not including our home rental on our statement of intent, where we're stating that we plan to reaffirm our cars. Is it OK to no retain our home rental?


    We're filing pro se in Connecticut. I've already "emergency" filed the skeleton paper work and plan to drop the rest off tomorrow.

    #2
    micahCT Schedule G is only for "unexpired" leases and executory contracts. You would not put an expired lease on Schedule G. The entire purpose of that Schedule is to identify these types of active contracts. As you know, the Statement of Intentions allows you to assume (keep) or reject (cancel the contract) the lease or contract. Since your are in a month-to-month "lease extension" the term ends every 30 days so there is no "unexpired" lease to place on Schedule G.

    Likewise, you would not neither list nor identify your expired lease on your Statement of Intentions, because you simply cannot assume or reject something that already expired on its terms.

    Does that help?
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Thanks for your help, that makes sense.

      Comment

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