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  1. #1
    Join Date
    May 2009
    Posts
    22

    Default Statement of Intentions, Schedule G, Assuming a Lease on a Month to Month Agreement

    My question involves bankruptcy in the state of: NY

    I have searched all over for the answers to this question and I can't find any.

    I currently have a month-to-month rental agreement and am not behind on the rent and plan to keep on renting the apartment. First question: is this considered a "lease" that would have to be included on my Statement Of Intentions as "assumed"? Or is this purely for a 6 month or longer lease? Excuse me for my ignorance, and what is a "Motion to Assume Lease " and does it even apply to month to month agreements?

    Next, I realize I am obligated to list the security deposit on Schedule B, but if I am not behind on the rent, is the landlord a creditor, and does this have to be placed on the creditor matrix, if the deposit is exempt.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,849

    Default Re: Statement of Intentions, Schedule G, Assuming a Lease on a Month to Month Agreeme

    Many lawyers do not list month-to-month tenancies on Schedule "G" or Form 8 when filing Chapter 7 cases because there is nothing that can be sold and no debt to be assumed under month-to-month leases. Nonetheless, if there's any chance you could owe the landlord money it can't hurt to list the landlord on Schedule "G" and give it notice of the bankruptcy case.

  3. #3
    Join Date
    May 2009
    Posts
    22

    Default Re: Statement of Intentions, Schedule G, Assuming a Lease on a Month to Month Agreeme

    This is what I was concerned about. If I don't list the landlord as a creditor when I file, then they will never know, correct? As long as the security deposit is exempt, there should not be any problem? I don't think any trustee would try to recover the security deposit anyway; they have to have some compassion and understanding.

    And thank you for taking the time to answer

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