Debts after I file

[locrpenn]

I'm considering filing for bankruptcy. I'm currently way behind in my rent and am trying to move but won't be able to until at least a month after I file for bankruptcy. Can my landlord file for unpaid rent and utiliities that are accured after I file for bankruptcy? Would he file with the bankruptcy court or through the local area?

[AngelinaCatHub]

Any debt incurred after you file will be your responsibility. He could take you to small claims court for rent due. However, if you are now in suit for eviction, that may be stayed. It would take him at least a month to evict you and another for a sheriff's action to remove you. 'Hub

[HHM]

I'm considering filing for bankruptcy. I'm currently way behind in my rent and am trying to move but won't be able to until at least a month after I file for bankruptcy. Can my landlord file for unpaid rent and utiliities that are accured after I file for bankruptcy? Would he file with the bankruptcy court or through the local area?

Answer is Maybe, on the one hand, the lease contract is what gets included in the BK so any obligations of the lease contract get discharged. However, if you continue to live in the apartment for a significant amount of time (let's say, more than a week), then the landlord could probably maintain some common law claims such as unjust enrichment (i.e. continued use of the apartment after BK to the detriment of the landlord). It is at least arguable that those claims would not be discharged. The real question is whether the landlord is sophisticated enough to figure that out.