why is my landlord on the mailing matrix?

[debtBgone]

Like I'm not under enough stress....my lawyer insists that my landlord be notified of my bankruptcy. Why????? I am current on my rent and I have no intention of moving. My security deposit is only $200. I am filing a no-asset Chapter 7 in August for my credit card debt and nothing else.

My family, a few friends and my boss know I'm filing BK because they know me and my situation. But my landlord doesn't and I'd like to keep it that way. What can I do to convince my lawyer to take my landlord off the mailing list? Is this the norm in a bankruptcy? My lawyer has over 30 years experience so I don't mean to tell him how to do his business but still...I'm just sick over this!

What will this letter to my landlord say? As anyone actually seen one of these letters that landlords get when a tenant files bankruptcy?

Am I worrying to much about this? Should I just go with the flow and see what happens? I mean I have a great landlord but I hardly know him and talking to him about my bankruptcy would be so awkward.

[LuciluS]

Like I'm not under enough stress....my lawyer insists that my landlord be notified of my bankruptcy. Why????? I am current on my rent and I have no intention of moving. My security deposit is only $200. I am filing a no-asset Chapter 7 in August for my credit card debt and nothing else.

My family, a few friends and my boss know I'm filing BK because they know me and my situation. But my landlord doesn't and I'd like to keep it that way. What can I do to convince my lawyer to take my landlord off the mailing list? Is this the norm in a bankruptcy? My lawyer has over 30 years experience so I don't mean to tell him how to do his business but still...I'm just sick over this!

What will this letter to my landlord say? As anyone actually seen one of these letters that landlords get when a tenant files bankruptcy?

Am I worrying to much about this? Should I just go with the flow and see what happens? I mean I have a great landlord but I hardly know him and talking to him about my bankruptcy would be so awkward.

All Districts/States are different pertaining to tenancy and landlord from the beginning until closing in Chapter 7. Do you recall when completing your Attorney's forms if there was a notation to list rental deposits & lease contract? Probably so.

INMHO, it's a requirement in your district/state to list all deposits. I know our Attorney's form state 'any deposit including utilities and requirement is copy of lease along with receipts from utilities. I never kept those except for this last move as first time I've had to pay Water and Sewer separate Deposits. Hehe...I got them. Our Attorney is a BK Attorney in practice for 20 yrs in a large town & he is very precise. Wants ALL information at the same time.

Just ask your Attorney why he is including your Landlord. Betcha it's a district/state request/order. If Attorney insist, yea, just go with the flow. IF you don't feel comfortable talk with your Landlord, it's your decision. He can hear it 'straight from the horse's mouth....being you' or he will receive notice of your bankruptcy by mail.

Just some thoughts. Good Luck!

Luci

[SocalBroke]

Lucilu is probably correct as I am in Southern California and I had to list my landlord as a holder of a security deposit but they were not listed on my matrix and when I asked my lawyer if they would be notified, he said no. He said the only way they would find out is if they ran a credit check on me when it was time to renew my lease.

[debtBgone]

Yea, I'm sure it's just a district/state request/order thing like you said. But it still sucks! My attorney pretty much said this is how it's done so I quess he should know.

So go with the flow and move on....check!

[debtBgone]

SocalBroke...you were so lucky you didn't have to list your landlord. I quess it does vary from state to state.

Lucilu...My lawyer is doing all my BK paperwork on his computer so I pretty much just sit there and answer questions while he types in my answers. It's kind of weird. No forms to fill out...just answer questions. So I have no idea if there was a spot to list rental deposits or lease contracts. He did ask me for my landlords name but where he put it on the computer form...I don't know. I'm guessing I'll have to wait until he prints everything out in the end to see where he put everything. Believe me, I'm going to look it over very closely when he's done. I know how easy it is to type in a wrong number or mispell a name etc.

Thanks!

[Amy26]

My petition has my new lease and apartment complex name & address on a special form by itself. Can't remember the name of the form...says how long the lease is for etc... in Pacer, they showed up on my "creditor matrix". I called my lawyer and asked him why my landlord was listed as a creditor and he said they weren't but they just had to be on the list? He also told me he would call the rental office for me...

This whole thing also seemed strange to me...

[Kpower]

When we recently secured our aparment they asked us why we were moving from a house to an apartment and we told them we were giving up the house. They assumed it was a foreclosure and were very understanding. They said they are seeing that all the time now so they set that aside when they look at your qualifications which I thought was nice of them.

[debtBgone]

Amy26...yeah, it's like why is he considered a creditor? Isn't my rent an expense? Can't they just make a notation somewhere that he is my landlord, this is what I paid for my security deposit and leave it at that? My one year lease ends in Aug...the month I will be filing. Come Sept. it automatically goes to a month-to-month lease. I just hate that he's involved in my BK at all. Like I said before...the bankruptcy is on my credit cards only. Everything else is current. IE....rent, utilities, taxes, insurances. (my car is paid off and exempt).

I lost my part-time job due to the company going bankrupt which in turn caused me to file bankruptcy. I have no problems paying my rent and living expenses with my full-time job. It's just the credit card bills I can't pay. So what the heck this has to do with my landlord...Aargh! very frustrating. But what can ya do...I can only go by what my attorney tells me. Whether I like it or not. Like I keep telling myself through this whole BK process...This Too Shall Pass! :-)

[Amy26]

I really don't care if they find out about the BK as long as they know they aren't affected and I will still be paying them. Just hope they don't make any wierd demands... I'm not even sure if my lawyer actually called them or not. I send him so many emails... I think I'm gonna be labeled as the annoying bankruptcy lady...

[debtBgone]

Kpower..yeah, that what I keep telling myself. "Oh, he'll understand. It's the way of the world right now"....but boy, it sure doesn't make it any easier to tell him. You know I don't think it's so much that I don't want him to know about my bankruptcy because I'm okay with certain people knowing. But what really gets me and this is the hard part...I am putting his name and his address on a legal document for something he had nothing to do with and he's going to know about it. My creditors?...heck yes...list those suckers. But my nice and kindly landlord? Yikes...I'm getting heart palpatations just thinking about it!

*Taking a deep breath now* and chanting...This too shall pass...this too shall pass....this too shall pass!

[ImagineMe79]

I didn't have a deposit and my landlord was still listed on the matrix. They already knew that I was filing though.

[dingdong]

Are you in a lease or a month to month rental agreement?

[MrSmithster]

as far as i understand, there is no reason to notify or list landlord on creditor matrix. i im in so cal, month to month agreement with a $1200 depo. my lawyer said we had to list showing depo on asset form, but that they wouldnt be notified by the court/trustee and landlord would have no way of knowing unless they ran a credit report for some reason(like new ownership or ?). i went to 3 lawyers for consultations before filing, all said my landlord would not be notified in my situation. mine is a no asset, chapter 7, passed means test. If they are listed on creditor matrix, its to late to do anything now (if its showing on Pacer). Let us know what the outcome is. Good luck

[MrSmithster]

I meant to say if its a month to month you dont have to list. if its a lease you do.

[debtBgone]

My one-year lease ends at the end of August. My filing date is around the 10th of August. So technically I'm still on a lease when I file. If I wait until Sept then I'll be on a month-to-month lease. I'll have to ask my lawyer if having a month-to-month lease will get my landlord off the mailing matrix. It sounds too good to be true but, heck, I'll give it a shot! The worst he can say is no.

I am also a no-asset Chapter 7. Very simple case according to my attorney. In fact he took $300 off his fee because of the simplicity of it. I have another appointment with him in three weeks. I'll let you know how it goes. You guys have really been a big help!! Thanks!