Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Dec 2010
    Posts
    3

    Default Chapter 7 on Broken Lease

    My question involves bankruptcy in the state of: W.V.
    We had to leave(go out of business) after one year on a five year lease, landlord resumed business.
    would it be better to save lawyer fee's and file chapter 7 now or do we need to wait for a judgment?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Chapter 7 on Broken Lease

    You can file for bankruptcy protection before a judgment is entered.

    If the landlord never tried to re-rent the premises and simply took over occupation and management of the business you abandoned, he might not be in a good position to claim additional rent from you.

    You can discuss the issue of what your liability is and the timing of a bankruptcy petition with your bankruptcy lawyer.

  3. #3
    Join Date
    Dec 2010
    Posts
    3

    Default Re: Chapter 7 on Broken Lease

    Assuming we file before he files suit, would we still need to defend ourselves after the debt was discharged or would he no longer be able to file.
    Also would we still be able to go after him for our property still in building.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Chapter 7 on Broken Lease

    If the debt is discharged, it's discharged.

    I have no idea what your lease provides in relation to property you leave in the building when your lease ends, but often a commercial lease will treat any such property as having been abandoned.

    1. Sponsored Links
       

Similar Threads

  1. Rental Agreements: Going to Court Over a Broken Lease
    By mtilljust in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-13-2010, 07:07 PM
  2. Debt Collectors: Claim From Broken Apartment Lease
    By justfortoday in forum Debts and Collections
    Replies: 3
    Last Post: 09-17-2009, 10:43 PM
  3. Debt Collectors: Broken Lease Agreement
    By brylan123@hotmail.com in forum Debts and Collections
    Replies: 2
    Last Post: 09-03-2009, 07:53 AM
  4. Rental Agreements: Agreement Broken to Take Over Lease
    By PFC18 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 04-11-2009, 11:46 AM
  5. Lease to Own Contract Broken
    By gastls in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 07-24-2008, 10:16 AM
 
 
Sponsored Links

Legal Help, Information and Resources