Bankruptcy Law

Can rent be included in a bankruptcy?


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2005-10-17 10:57:28
2005-10-17 10:57:28

We were able to include our rent in the state of Pennsylvania. We were not allowed to included any taxes. You should seek the advice of a lawyer though to find out what can and what can not be included in your filing.


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When you are living with someone they are not included in your bankruptcy. If you are paying them rent, then the money you pay is an expense and will be considered for bankruptcy.

This can get complicated, but the main question is, was the rent past due when you filed the bankruptcy? If so, was the landlord included in the list of creditors? If so, in most cases, rent due as of the date of filing was most likely discharged. Any rent, or "use and occupancy" in lieu of rent, from after the date of filing was not discharged.

Rent is not covered under bankruptcy: a landlord still has the right to collect rent and evict tenants who don't pay.

Yes, discharged debts are generally noted as "included in bankruptcy" on a CR.

Yes you can file bankruptcy. However the "rent to own home" is not owed by you and is still owned by the "landlord". You can continue with the "rent to own" or walk away. Bankruptcy is an entitlement to citizens for debt relief

Not only can the be included, they MUST be included. All debts whether to Walmart or Aunt Betsy needs to be included in your bankruptcy filing.

Not paying rent is grounds for eviction. Most courts won't care about the bankruptcy, and most bankruptcy judges will not stop an eviction.

You don't have a choice, ALL debts must be included in your bankruptcy petition. Oh, also, priority debts cant be discharged in a bankruptcy.

The landlord's bankruptcy has nothing to do with the tenant. The tenant still owes the rent.

No. Your rent is advanced payment for your right to stay in your apartment/home.

Yes, if the tenant is not included in the Bankruptcy creditor list

If the debt that you were sued over, or the judgment itself was included in your bankruptcy, you only need send a copy of your bankruptcy papers to the credit reporting agencies. The judgment will not "come off", but it should get marked "included in bankruptcy" or "discharged through bankruptcy".

Bankruptcy does not relieve a tenant from paying his rent: it's not a debt. Rent is due in advance of the rental period and is not an extension of credit. Oh, and a landlord cannot evict a tenant simply because he filed for bankruptcy.

He isn't. Even if a landlord file for bankruptcy, he is still entitled to collect the rent from tenants. If the property is in foreclosure, the landlord still have the right to collect rent from the tenant, until such control is passed on to the foreclosing entity. Conversely, if the tenant files for bankruptcy he is still obligated to pay the rent to landlord, although he may be no longer obligated to pay any back rent if such arrears is part of the bankruptcy list.

The term negative is rather confusing. If the account did not have a balance it would not have been included in the bankruptcy. Any account included in a bankruptcy will remain on the report for the requred length of time, open accounts would be seven years, they will be marked included in bankruptcy. The BK accounts listing will remain for 10.

Yes you can, but not simply because you are in bankruptcy. Rent is not an extension of credit. So bankruptcy is not an issue with regard to landlord and tenant issues.

Most the time you can rent an apartment as long as you can give them a copy of your Discharge Records.

no only factory rent included in foh.simple rent is an operating exp

The charge offs will remain the required seven years and should be noted as included or discharged in bankruptcy.

No. All entries have to be marked "included in bankruptcy". Obviously that only applies if they were actually included.

Your rent, whether for a mobile home lot or anything else, is not a debt, but rather an ongoing monthly fee for your right to occupy that dwelling or structure. As such, it cannot be admitted to bankruptcy. If you can't pay the rent, then you can't stay!

Not if you listed your landlord as a creditor on your bankruptcy petition and that there is excess property to pay your landlord after secured creditors and your exemptions. Unpaid rent is an unsecured debt. If a judgment lien is filed, you can avoid it if filed shortly before bankruptcy filing.

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