Including rental lease in BK-help please

[snowangel]

Okay I am currently in a two year lease with the landlord property management group from hell. Seriously, I could go on and on about all the crap they have pulled--but will spare you

I am ready to move....tired of all the crap with these people. If I include them in my BK schedule...but don't move until mid bk proceedings or even just after the discharge, can they come after me for the condition of the house when I leave it?

I am current on rent and don't plan on leaving the place a mess...but they have made it known that they plan on charging us for stuff that was broken or screwed up when we moved in. We have pictures, documentation etc to prove it...but if we could just end it all by adding them on the bk schedule that would be GREAT?

So does anyone know....will including them in BK alleviate their ability to swindle us for money when we move out??

Thanks

[biotechsolution]

Not 100% sure on the damage issue but anything after your filing date you cannot discharge. To cover you bases I would take pictures of the disputed items and make sure they are included in your BK paperwork when you file.

You will have to be current on your rent after your file because any rent after your filing date is not dischargeable.

[snowangel]

Thanks. Yes I am and always have been current on my lease. Including the pictures in the BK is a great idea.

Perhaps I could include the letters from the prop mgmt group. Basically one of the biggest things they are saying they are going to charge us for is for defective carpet----but we have a letter from the carpet place saying that the carpet is defective and needs to be replaced. The landlord refuses to replace it and is saying that they are going to actually charge us for it when we move out because our furniture is leaving dents in the carpet! what ??? its defective, it doesn't matter what we do to the carpet, you should be replacing it anyways.

oh well.

[myid4u2c]

Move out right before you move, this will also make it easer to get a new appartment.

[whipster1]

Yep get another place now before filing and plan to be there a year or so. Once you get a bad mark with anything rent-related it makes it difficult to get another rental. Be sure and list any deposits etc you have on file with the bad landlord so your trustee can go after them

[MSbklawyer]

can they come after me for the condition of the house when I leave it?
Thanks

If the property is willfully damaged, the resulting debt is non-dischargeable and they could come after you. 523(a)(6)

[frogger]

Was there an inspection when you moved in? What kind of documentation do that have as to the move in condition?