If you have ever had to attend court in order to prove your innocence, you know how much your appearance and attitude can impact the proceedings. Unfortunately, all too many people misinterpret how they should dress and what they should do in court, which is why I decided to make this blog. This website is all about creating a great impression in court and understanding how to present yourself to the judge and jury. After all, you might be trying to defend your innocence to avoid potential jail time. Check out this blog for great tips that could help you to protect your freedom.
A Chapter 7 bankruptcy filing is designed to protect you against collection efforts being made by your creditors. All debts and assets will be evaluated by a trustee appointed by the bankruptcy court.
Many people find themselves wondering what will happen to the apartment they are renting during bankruptcy proceedings. If you are worried about your living situation during a bankruptcy, take the time to learn more about the options you have when it comes to your rental lease agreement.
Assumption
If you want to remain in your current apartment and you feel that you will be able to afford the rent payments after your bankruptcy is discharged, then you will need to fill out a supplemental lease agreement with your landlord.
This supplemental lease details the conditions under which your landlord will continue renting to you during the bankruptcy. Any back-rent that you are currently owing will need to be repaid before the supplemental lease can be executed.
Rejection
The bankruptcy court views back-rent as an unsecured debt. This means that you are able to include any rent you owe to your landlord in your bankruptcy so that you do not have to repay the debt. As you may have guessed, taking this route means that you will need to find a new place to live.
Keep in mind that the law doesn't allow eviction proceedings to continue while your bankruptcy case is open and active. Your landlord will not be able to legally kick you out of the property for your failure to pay rent, but you can still be evicted if you break any other lease terms (like using drugs on the premises or violating community policies).
Although you technically cannot be kicked out if you don't pay rent while you remain in your apartment during a bankruptcy, it is advisable to come to an agreement with your landlord regarding the monthly expense. Pay as much as possible so that your landlord will not be left without the income he or she is counting on.
Dealing with an apartment lease during a Chapter 7 bankruptcy can be tricky. You will need to work closely with your attorney to determine how you want to proceed. If you want to stay in your apartment, your attorney can help you draft a supplemental lease agreement. If you are okay with moving, you can include any back-rent you owe in your bankruptcy and have the debt discharged.
Contact a law office, like Martinez Law Firm, for more help.
Share7 July 2019