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.
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.
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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
A: Yes it can be true but doesn’t really happen you should contact your bankruptcy attorney
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1 user found this answer helpful
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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