Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law
This answer was rated:

can a landlord be added as a creditor (because of past due

rent) in a chapter 13...
can a landlord be added as a creditor (because of past due rent) in a chapter 13 bankruptcy
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 3 minutes by:
2/4/2009
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,910
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified
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.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,910
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified
Terry L. and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 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?
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.
Ask Your Own Bankruptcy Law Question
Customer reply replied 8 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?
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.)
Ask Your Own Bankruptcy Law Question
Customer reply replied 8 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?

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.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,910
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified
Terry L. and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 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?
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.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,910
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified
Terry L. and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 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?

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.
Ask Your Own Bankruptcy Law Question
Customer reply replied 8 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.

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.
Ask Your Own Bankruptcy Law Question
Ask Terry L. Your Own Question
Terry L.
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,910
2,910 Satisfied Customers
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

Terry L. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,910 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
I filed for bankruptcy and qualified for Chapter 7. In the
I filed for bankruptcy and qualified for Chapter 7. In the process the Trustee found a date left off on my Deed of Trust. He filed for an Adversary Proceeding and I received a letter today stating he … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I filed chapter 7 bankruptcy in December 2009, and left off
I filed chapter 7 bankruptcy in December 2009, and left off a creditor who is now seeking garnish wages. The creditor was left off. It's a friend that file through the sheriff dept in California. Am I… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I am considering filing a chapter 7 personal bankruptcy. I
I am considering filing a chapter 7 personal bankruptcy. I know some years ago there were some changes in the bankruptcy laws. What I need to know, first of all, is how much money can be retained in a… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
Chapter 7 Bankruptcy in Utah. Now that I have filed for
Chapter 7 Bankruptcy in Utah. Now that I have filed for Chapter 7 bankruptcy what happens to my house? I am upside down in my house and have vacated the property. Does my house still go into foreclosu… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,806 satisfied customers
Have to file a chapter 7 bankruptcy, What about parrots as
Have to file a chapter 7 bankruptcy, What about parrots as pets...no breeding...no breeding involuled. Also have 4 vehicles Chev p/u 2009, Chev p/u 89, Ford p/up 85, Dodge 74 sedan. Need three vehicle… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I filed chapter 7 and was told that my fiance couldn"t claim
I filed chapter 7 and was told that my fiance couldn"t claim that he owned 1/2 of all my realestate because he wasn"t on the deed but we had signed a piece of paper saying that he owned 1/2 of my fath… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Interested in information concerning personal chapter 7
interested in information concerning personal chapter 7 bankruptcy as a member of a 50/50 LLC … read more
DrakeLAW
DrakeLAW
Juris Doctorate
831 satisfied customers
This is a bankruptcy question. Filed Chapter 7, made
This is a bankruptcy question. Filed Chapter 7, made payments to trustee, finished payments, scheduled this month for the discharge hearing. Problem: one creditor has a lien on our home. What if anyth… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Regarding my chapter 7 ProSe on the Reaffirmation $2000
Regarding my chapter 7 ProSe on the Reaffirmation $2000 behind on payments, $6000 equity in car Obviously, we don't want to be Repo'd with all that equity.My husband went to the reaff hearing today an… read more
Terry L.
Terry L.
Attorney
2,910 satisfied customers
Regarding my chapter 7 Reaffirmation hearing tomorrow,
Regarding my chapter 7 Reaffirmation hearing tomorrow, husband is going without me. $2000 behind on payments, 6000 equity in car. When I try to talk to the people at "ascension capital" who do Cap1's … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
We filed chapter 7 bankruptcy in California with the intent
We filed chapter 7 bankruptcy in California with the intent on reaffirming the car.We are 90 days out with a report of no distribution and "awaiting discharge" on Pacer.We have $6000 equity in the car… read more
DrakeLAW
DrakeLAW
Juris Doctorate
831 satisfied customers
BANKRUPTCY: Debtor is filing Chapter 7 bankruptcy; and
BANKRUPTCY: Debtor is filing Chapter 7 bankruptcy; and elected to surrender their vehicle. Can the Creditor repossess the vehicle while the bankruptcy case is still open? Debtor has not received a dis… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
BANKRUPTCY: A debtor wants to file a personal Chapter 7
BANKRUPTCY: A debtor wants to file a personal Chapter 7 bankruptcy and owns a small business. They are filing mostly consumer debts. Can the Debtor continue to run their small business and generate in… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
This is a Chapter 7 question. The Debtor was unemployed for
This is a Chapter 7 question. The Debtor was unemployed for 4 of the last 6 months, having worked the last 2 months. Her currently monthly income amount is above the local median, but averaged over th… read more
Terry L.
Terry L.
Attorney
2,910 satisfied customers
My parents filed chapter 7 bankruptcy. They received a
My parents filed chapter 7 bankruptcy. They received a letter back from the attorney they hired and the letter stated, "they are over the limit on the allowable exemptions for a chapter 7".What does t… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
This is a Chapter 7 case. The Debtor signed a reaffirmation
This is a Chapter 7 case. The Debtor signed a reaffirmation agreement less than 60 days ago and now wants to rescind it...the case is about to close, discharge was ordered but case is open for adminis… read more
Terry L.
Terry L.
Attorney
2,910 satisfied customers
Can I rent to own a home in Tennessee with chapter 7 and
Can I rent to own a home in Tennessee with chapter 7 and chapter 13 bankruptcy on my credit?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Files his Chapter 7 petition and fails to include a creditor
John files his Chapter 7 petition and fails to include a creditor whom he borrowed $5K from for an educational loan. He wants to amend his petition to include the creditor before his creditors meeting… read more
Terry L.
Terry L.
Attorney
2,910 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x