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Ch 7 Sch G question unexpired lease

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    Ch 7 Sch G question unexpired lease

    Hi guys,

    I'm working on the forms.

    I rent an apartment under a Standard Month to Month Rental Agreement. Am I supposed to list this on Schdule G?
    Am I also supposed to put the owner on the mailing list, or matrix?

    Seems silly to have to do so. Thanks, gf

    #2
    I rent that way too. Since I was not behind on my rent, I didn't list it on the schedules, other than in my budget as an expense, and my landlord was not on the matrix.

    Oh I guess I should mention. They did ask me about it at the 341, but when I told them it was month to month, they did not ask for proof of my lease.
    Last edited by tigergem; 04-19-2010, 08:01 AM. Reason: typo

    Comment


      #3
      If your lease started as a standard 7, 9, 12 month lease and then went month to month, then you have an "expired" lease. You do not need to list such a lease. I would say that only unexpired leases need be assumed or rejected in a bankruptcy. I might add that a month-to-month lease that has a 30-day noticing requirement need not be listed either.

      If there's some penalty issues in the lease (that ending the lease could cost you a significant amount of money), then listing it may be worth it. However, I don't see any need to list the lease or notice the landlord via the Matrix.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        just a thanks

        You guys are quite high on the list of my favorite people here. I wish we could meet up sometime. But I can't see your faces, so wouldn't know how to recognize you. Can you clarify those images?

        Some lawyer told me I was supposed to put it on Sch G and matrix (even though I'm not behind on rent). Just what I wanted to inform the owner here of. So, this morning I was reading about leases. I think I even started out as a mo-to-mo ("at will") tenacy. [This same lawyer doesn't want to do any more Chpt 13's; he thinks they're too much work.]

        Anyway, I live in LA at this time, and there is one pro bono org. which has been helpful. I went there this morning-- was told there was no need to put it on Sch G.

        I'm shooting now for filing this Wed. I've gotten pretty far along in paperwork. I'll probably be writing in. gf

        Comment


          #5
          As you can see, even lawyers don't agree on things, and some lawyers don't like Chapter 13s. Finding out which ones will fight for you, is the hard part. Knowledge is key. You've come to the right place. The combined experience of the Forum members is extensive. We try not to "speculate" too much and keep our feet planted on the ground.

          Our answers may be, at times, conservative, but we want everyone to get through their bankruptcy.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            Oh yeah. I also don't have any end of lease issues. If I don't pay, I leave, and if I leave, I don't pay. Simple as that. Not even a security deposit. I paid it and she already gave it back to me and said she didn't need it. No utilities in my name. I pay $50/month toward the electric bill that is in her name. That's it!

            Comment


              #7
              OH crap!! I am renting a Hud housing unit right now. I included them on the matrix but not the schedules. I'm sure theyre notified. they cant terminate my lease if i put them on my statement of intention that i wanted to assume the lease??

              Comment

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