I'm filing chapter 7, my question is this; I've never been late with a rent payment for almost 2 years, and plan not to be. Can the property management still evict me once they find out I filed?
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No creditor can terminate the relationship purely based on the fact that you filed for Bankruptcy. Your landlord/management company probably won't even know, as you don't have to list them unless you owe them money (are behind).
Most management companies don't perform "credit reviews" after the initial credit check. This means that they won't even be checking your credit. (Some credit card companies do periodic credit reviews, some even monthly, to determine if you're in trouble. However, I've never heard of a property management company doing so, as it costs money.)
Even if they were to learn of your issue, and they wanted to be mean, they may decide to not renew your lease. If you've been paying on time, all the time, they will not even think about getting rid of you if they are smart.
Remember, your lease is a contract. Unless you've broken the terms and conditions, they can't evict you.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. -
Thanks for answering! I've been really nervous about this, because I love my apartment. My Attorney advised me that they would be notified even though I owed them nothing. I"ll be calling him tomorrow to ask him why?Comment
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They might be notified because there is an area on the petition where you have to list all of your leases and with whom. My landlord never said anything to me...I'm not even sure he ever received anything.Filed Chapter 7 Pro-Se May 29, 2008
341 July 1, 2008
Discharged September 4, 2008
Closed November 10, 2008 :-)Comment
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You are right that they MIGHT get notified, but they will NOT get notified if they aren't on the Creditor's Matrix.Originally posted by danaf View Post
Generally, you do not need to add a current unexpired lessor to the Creditor Matrix. If your lawyer is adding them, tell them that you don't want them (the Lessor) on the Creditor's Matrix.
That simple. (I did not add my lessor to my creditor's matrix. They were never notified.)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
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