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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2501
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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can a landlord be added as a creditor (because of past due

Customer Question

can a landlord be added as a creditor (because of past due rent) in a chapter 13 bankruptcy
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.
Technically you can include it, but you may be in violation of the lease and will be subject to eviction, so probably not what you are looking for. The bankruptcy will not stop any evictions.
If you plan on breaking the lease, then you can and should list the landlord in the case.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2501
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
I have already given my notice to move. Wouldn't be pointless to go through the court process? There was never any rental agreement signed-nothing... Would I list him on Schedule F then?
Expert:  Terry L. replied 5 years ago.
Yes, list them on schedule F.
You never know, they may want to come after you for damages or something, so it is better to list it down just in case. This way, they cannot come after you for anything once you file the case.
Customer: replied 5 years ago.
Thank you. One more thing-once a creditor is listed for an account-if they add additional charges, fees, etc to that account-wouldn't that still be covered under the 13?
Expert:  Terry L. replied 5 years ago.
Whatever the balance owed at the time you filed the case will be covered in the bankruptcy. If you are doing Chapter 13, the creditor will submit a Proof of Claim form detailing the balance owed on the day the case is filed. No additional charges can be added on after that (unless you are still using services -ie utilities, etc.)
Customer: replied 5 years ago.

Hello,

 

I have another question. Please tell me how to pay you again for the information. I need to know, once I the landlord to my chapter 13, what forms or documents do I need to send him. I know a copy of the 13 plan but what else? Also, since bankruptcy is in federal court, can a person retain services of an attorney outside of their state or does it have to be within the residing state?

Expert:  Terry L. replied 5 years ago.
You can click the green accept button to fund the account. If the debt is scheduled in the bankruptcy , the court will send the landlord notice of the original filing and a copy of the chapter 13 plan. You would hire an attorney in the state where you are filing, typically where you have lived for the last 90 days.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2501
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
If I am the acting attorney then do I have to send him the entire copy of the bk with all schedules, etc or just the plan and the schedule F where he was added?
Expert:  Terry L. replied 5 years ago.
If you are amending, you can just send the notice of amendment and Plan.
You can, as courtesy, send schedule F too.
If this is the main filing, the court will send all notices out.
Only upon request do you need to send other information.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2501
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.

Hello Terry,

 

I am confused on something. Once you have a ch 13 bankruptcy in place and the plan has been confirmed, I was told you can not add new creditors in if they didnt exist before the filing of the initial plan. What happens if someone loses their job or gets hours cut or has their home foreclosed on and ends up having bills that go into collections, etc, does that mean they are tough out of luck and can't put them into the plan?

Expert:  Terry L. replied 5 years ago.
While they would not be able to put debts in the plan that incur after filing, your budget can include medical, and other expenses that are reasonable and necessary. You do not need to stick to your budget, and can put any savings in the bank for these 'rainy days.'
If you incur an unexepected cost, you can always petition the court to suspend payments and /or defer payments to the end of the case, to give you immediate funds to assist, your plan can sometimes be lowered if you have greater expenses too down the line, upon motion to the court. (depends on the claims that are filed by your creditors, it sometimes frees up some room in the plan to modify it)
If you incur many bills after filing, you can also look into converting the case to Chapter 7, whereby you can file a statement of after aquired debts, and can add them into that case as well. There are special requirements on coversions, so be sure to reveiw them with your lawyer.
Customer: replied 5 years ago.

I don't have an attorney. I am acting as my own because no one wanted to handle my case here. I wish I could find an attorney here that would continue to handle this case. I don't understand what you mean by not sticking to the budget. Can't a case be dismissed if you don't follow the budget or turn in your tax refunds to the court?

 

Thank you for help.

Expert:  Terry L. replied 5 years ago.
I mean, you don't have to spend what you have in the budget, say you don't buy any clothing this month, you can put that allotted money in the bank. If you are a good shopper and spend less each month, that frees up income for other things that may arrise.

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