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Can past due rent be filed under bankruptcy?

Updated: 8/18/2019
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13y ago

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Yes, but the landlord can evict you for nonpayment.

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13y ago
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Q: Can past due rent be filed under bankruptcy?
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If you get evicted are you responsible for debt after 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.


What does happen if a landlord keep on taking rent even if the landlord had filed for bankruptcy himself?

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


Can my ex-landlord collect unpaid rent during my bankruptcy I no longer live there discharge was July rent due was for June?

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.


Can a tenant be evicted in Michigan if in 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.


Can a public housing authority evict a tenant who has filed for bankruptcy?

Probably not because of the Bk, but because of unpaid rent, yes.


What can be done if a Tenant has filed chapter 7 to avoid paying past due rent?

Aside from keeping the security deposit, there is not much left that you can do as far as getting those past due funds as they probably do not have the money. In order to file for bankruptcy, an individual debtor has to prove many things so he probably filed because he in fact did not have any money, not just to avoid paying past rent. You can get in line with all the other creditors to try to collect.


I filed for bankruptcy in 2001now I need a cosigner for my new apartment will the cosigner know about the bankruptcycan the bankruptcy creditors link the cosigner to me damage their credit?

I am in the same boat due to illness and I am looking for a co-signer so I can rent an apt. The bankruptcy has been discharged per the court, and it is hard to rent an apartment sometimes with a co-singer. Everyone has different rules. I believe if you filed a bankruptcy, then had a co-signer, it would have no effect on them, only what you do after they co-sign


Can an apartment complex refuse to rent an apartment to you if you have filed for bankruptcy in the state of Florida?

Yes, an apartment complex can refuse to rent an apartment to you if you have bad credit. A bankruptcy alone will not stop you from being approved or disapproved from an apartment, they will consider your overall credit score and credit history.


Can a rent apartment after filing for bankruptcy?

It's up to your potential landlord. Some might refuse to rent to you, others might figure that you're probably a better risk now than you were before you filed.


If the tenant in the apartment filed a bankcrupcy its ok to stay in the apartment still?

The bankruptcy has nothing to do with the landlord. If they pay the rent, they can stay; If they don't pay, they gotta go.


How can a landlord collect rent when a tenant files bankruptcy?

Bankruptcy has nothing to do with the tenant. If a bank forecloses on the mortgage, US federal law requires the bank to give the tenants a 90 day notice to quit, if they want the building emptied. But, it could be that the landlord will survive the bankruptcy, and there will be no foreclosure.


Can a tenant sue a landlord who is in bankruptcy?

Normally the bankruptcy filing has nothing to do with whether or not the tenant has paid his rent. A landlord does not have the right to evict a tenant simply because the tenant filed chapter 7 unless that is part of the lease. The terms of the lease determine if the tenant will be evicted. If the tenant pays the rent, he should not be evicted.