Is It Included?

[macsen]

First post but I've been lurking for quite some time. We are currently in-process to file BK. Maybe a 13, we're a little over the median and the lawyer is still compiling our numbers. Wife lost her job and in the six months it took to secure another our financial situation was irreparably damaged. We're planning on surrendering our home as it's the primary weight dragging us to the bottom and have found a perfect home to rent. I wondered if anyone had experience to share on whether a landlord would be notified of a BK? Currently we both have very good credit scores but we've transferred, juggled and borrowed as much as possible and our "building" is about to collapse. We can pass any and all credit checks currrently without disclosing our impending financial failure but wonder if it will be disclosed anyhow further down the road? I'd rather disclose our situation now if it will be disclosed later to any landlord but of course would prefer not to if possible. Thanks for reading and thanks for this wonderful resource. It's been a comfort to us in these stressful times.

[SinkingFast]

I just asked our paralegal that exact question the other day. Whether our current Landlord would get a notification or not. If she would, I wanted to be the one to tell her before the letter came.

Nope. Rental leases are listed on Schedule G. Unexpired Leases and Contracts. Those Creditors do not get notified.

BUT, you do need to know that your Landlord may find out on their own anyway. BK filings are published in the paper in most cities.

[aa06a47]

First post but I've been lurking for quite some time. We are currently in-process to file BK. Maybe a 13, we're a little over the median and the lawyer is still compiling our numbers. Wife lost her job and in the six months it took to secure another our financial situation was irreparably damaged. We're planning on surrendering our home as it's the primary weight dragging us to the bottom and have found a perfect home to rent. I wondered if anyone had experience to share on whether a landlord would be notified of a BK? Currently we both have very good credit scores but we've transferred, juggled and borrowed as much as possible and our "building" is about to collapse. We can pass any and all credit checks currrently without disclosing our impending financial failure but wonder if it will be disclosed anyhow further down the road? I'd rather disclose our situation now if it will be disclosed later to any landlord but of course would prefer not to if possible. Thanks for reading and thanks for this wonderful resource. It's been a comfort to us in these stressful times.

They will only be notified by the court if you list your landlord as a creditor. Generally, only people will find out about your bk is if you tell them. Some smaller city newspapers post bk filings, but I don't think many do.

[Jman30]

BUT, you do need to know that your Landlord may find out on their own anyway. BK filings are published in the paper in most cities.

Is this true for all states? I don't think mine was listed....I live in a small town 30 miles north of Cincinnati and I read the local newspaper pretty thoroughly and have never seen anything. I mean, I know a BK filing is public information and anyone can find out through the courts if they want, but is filing in a newspaper common?

Of course, I did file through the Trustee in Dayton, OH....and I don't get that newspaper. So maybe it was in there.

[SinkingFast]

Yours probably was posted in the Dayton newspaper.

Our Court is a branch of the main BK Court in another city. All filings here are posted in our local newspaper. People who come in here from out in the country or an adjacent city, that don't get out newspaper wouldn't see the reporting.

Ours are posted once a week. In the Sunday newspaper. Right there with the Police Blotter, Marriage Licenses, Divorces Granted, and other "civic" types of Courthouse news.

[Jman30]

Damn, wish I had gotten a copy of mine for prosperity's sake!

[macsen]

Thanks for the reply! At least that's one worry removed from the load.