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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 35774
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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i have recived a notice on a chapter 13 bankruptcy that the

Resolved Question:

i have recived a notice on a chapter 13 bankruptcy that the trustee dose not want to honer my lease what rights do i have ?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 5 months ago.

Dimitry K., Esq. :

Thank you for your question.

Dimitry K., Esq. :

Please permit me to assist you with your concerns.

Dimitry K., Esq. :

If I may ask, are you the landlord who filed for Chapter 13, or are you the tenant who is leasing the premises?

Customer:

i am the tenant

Dimitry K., Esq. :

I see, and you were trying to restructure your rent debt while filing for Chapter 13, which the trustee did not permit you to do.

Dimitry K., Esq. :

Do I understand correctly?

Customer:

no i am the tentant i lease the premises from a person they are o chaper 13 and the trustees from the chater 13 do not wish to honer the remanier of the lease.

Dimitry K., Esq. :

Oh, I see. Now I understand. Were you given written notice to leave the premises?

Customer:

yes

Dimitry K., Esq. :

When does your lease naturally expire? Is this a commercial or a residential lease? (Rules somewhat differ)

Customer:

it is a residential lease

Dimitry K., Esq. :

When would this lease terminate naturally? Or are you month-to-month?

Dimitry K., Esq. :

Residential leases give you more protection, but I really need to know the terms of your current lease.

Customer:

my lease is up on march of 2013 i pay 1100.00 dollors a month is suppose to be a one year lease and i paid one month deposit

Dimitry K., Esq. :

So from what I gather you are already on the premises and they are telling you to move out

Dimitry K., Esq. :

Legally you do not have to move since you still have this obligation with the original party.

Dimitry K., Esq. :

That means that so long as you make the payments, the trustee must honor the contractual terms

Customer:

i am sorry it is 2014 the end of my lease

Dimitry K., Esq. :

They would essentially either need to get your consent to terminate, OR take this to court and get the judge at the bankruptcy hearing to void the contract

Dimitry K., Esq. :

if that has not yet happened, meaning the trustee is demanding a termination but the courts did not yet order it, the agreement is still binding against the initial party and against you.

Dimitry K., Esq. :

And it also means that you would not have to move out provided you adhere to terms of this agreement.

Dimitry K., Esq. :

Does that make sense?

Customer:

ok thanks that was helpful.

Dimitry K., Esq. :

Glad to help. Is there anything else that I can assist you with this afternoon?

Dimitry K., Esq. :

If not, kindly do not forget to positively rate my answers so that I can obtain credit for my work. Thank you!

Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 35774
Experience: Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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