New York, NY asked in Bankruptcy for New York

Q: After filing, can the trustee ask for my rent lease to be terminated? I stated I will to assume my apartment lease.

I have already filed my case but I read online If the trustee believes the rent is unreasonable or beyond the debtor's means, he can direct the court to terminate the lease, allowing the landlord to evict the debtor. Furthermore, the trustee has to decide within 60 days of the petition filing whether or not the tenant can keep the lease.

Is this true? I am truly scared- the whole reason why I filed was because I want to keep my apartment and afford the rent.

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5 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New York

A: While technically true, it never happens in New York City cases unless the lease is so outrageous that it really is a fraud of some kind.

Jonathan David Warner agrees with this answer

1 user found this answer helpful

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Bankruptcy Lawyer
  • Brooklyn, NY

A: This is just one of many reasons why you really should retain an experienced Bankruptcy attorney. More information is required to provide you with a meaningful answer.

Jonathan David Warner agrees with this answer

Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island

A: Yes it can be true but doesn’t really happen you should contact your bankruptcy attorney

Jonathan David Warner agrees with this answer

1 user found this answer helpful

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Technically yes, but it rarely ever happens.

Jonathan David Warner agrees with this answer

Jonathan David Warner
Jonathan David Warner
Answered
  • Bankruptcy Lawyer
  • Albany, NY
  • Licensed in New York

A: This rarely occurs... but with this being said, you should really retain an attorney if this is truly important to you - why leave this to chance?

Good luck.

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