Important Help!! Landlord and Bankruptcy help!!

[thelitman]

I have a couple questions, firt my landlord is trying to evict me because he said I did not pay rent. I sent a money order to him by post office, he had not received it yet, and is trying to evict me. I think it got lost in the mail so I filed a claim to get my money order money back. I told my landlord this and said that as soon as the post office pays me I will give it to him, cause I don't have the money. It is not my fault the post office didn't get it to him. He sasys he is not going to wait and he is still evicting me. Can he do this? Probably but that brings me to my next question.... I filled bankruptcy 1 month ago and did not include this landlord, nor was a completly behind in rent, I was actually current for the month, but fell behind 3 weeks later. I know I can still amend my bankruptcy, and I was going to do this and put the landlords name on it. If I do infact put the Landlords name on it, I do know he can get around the automatic stay. but what I am more concerned about is if I put him on my bankruptcy pettition after he evicts me will he still be able to collect on future or the past rent that I owe. Like the amount of time it took him to rent the unit out. Can he sue me for that or will the bankruptcy at least protect me from that. any help would be greatly appreciated

[StaciMM]

The automatic stay will protect you for the time being, but I don't know about whether or not he can be added as a creditor to discharge rent after filing. In a mortgage situation it is a little different, because the lender gets the secured property back. This would be best discussed with your attorney, as it is not something that comes up every day.

[FoolAndHisMoney]

I have a couple questions, firt my landlord is trying to evict me because he said I did not pay rent. I sent a money order to him by post office, he had not received it yet, and is trying to evict me. I think it got lost in the mail so I filed a claim to get my money order money back. I told my landlord this and said that as soon as the post office pays me I will give it to him, cause I don't have the money. It is not my fault the post office didn't get it to him. He sasys he is not going to wait and he is still evicting me. Can he do this? Probably but that brings me to my next question.... I filled bankruptcy 1 month ago and did not include this landlord, nor was a completly behind in rent, I was actually current for the month, but fell behind 3 weeks later. I know I can still amend my bankruptcy, and I was going to do this and put the landlords name on it. If I do infact put the Landlords name on it, I do know he can get around the automatic stay. but what I am more concerned about is if I put him on my bankruptcy pettition after he evicts me will he still be able to collect on future or the past rent that I owe. Like the amount of time it took him to rent the unit out. Can he sue me for that or will the bankruptcy at least protect me from that. any help would be greatly appreciated

Did you file under old law or new? Landlords have more rights and can easily lift the automatic stay under new law. This is only for 1 month being late and he's evicting you? Usually people make a stink if it's more like 2 or 3 months. That's why they have the security deposit. "Stuff happens" beyond your control and this shouldn't constitute throwing you in the street. In his eyes he probably just thinks your stonewalling him with the "check is in the mail story". Good luck.

[Annika]

The money order should have an exact carbon copy with it, which you keep for your records. Can you show the copy to him as proof?

[thelitman]

Please Help

Yes, I have shown them the money order, he does not care. I filled under the old law. Filed on Oct 13th. He is going through with the eviction. I know I can add him on as a creditor, BUT my question is. Since I was not past due when I filed bankruptcy will this help me? and if I add him will this protect me from being sued after the eviction for the rest of my rent contract.

[bkfiler]

he cant evict you until your bk is over i believe. also you cant add him to the list because debts incurred after the filing are not dischargable in most cases.

honestly, i would talk to an attorney.

[thelitman]

Please Read This To

I know that I can not add him to the list and discharge all of the past due amount that happened after I filed, but I was told that I could still add him to the list, and cancel the lease contract for the remainder of the lease, and be free of him being able to sue me for the rest of the time example signed lease in June not over till June. was told if I add him now I would have to pay the past due rent up until the day I move out, but he could not sue me for future rent. I am past due according to him November. So if I move out this week I will owe him November and 2 weeks in December. But I would not be able to be sued for rent Jan-June. Just wanted to know if that is true. I know people keep saying talk to an attorney, but the reason I am filing bankruptcy is because I owe a lot of money, which means I can afford an attorney. So any help would be apreciated.

Thanks,