Atlanta, GA asked in Bankruptcy for New York

Q: Can i file for bankruptcy without losing my apartment or my ability to renew?

Hello. I am about to begin the process of filing for bankruptcy. My landlord has legal fees as well as maintainance fees on my rent statement which adds up to approx. $3000.00... i do not owe any money on my regular monthly rent . Maintenance charges are not on my lease. My landlord added those charges to my account cause he blames me for water damage to the downstairs apartment... can i include the maintenance and legal charges in my bankruptcy without affecting my lease or affecting my renewal.?

Related Topics:
4 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Bankruptcy Lawyer
  • Clifton, NJ

A: Your question states both maintenance fees and a rent statement, as well as mentioning your landlord. So it does need some clarification. If you file Bankruptcy to discharge debt to the landlord, there is no way that you can expect to stay in your apartment and have a lease renewal. That would not make any sense. You also need to retain a bankruptcy attorney, otherwise you will be in far over your head. You have already demonstrated a "fatal" lack of knowledge of even the most basic aspects of bankruptcy law.

Derek John Soltis
Derek John Soltis
Answered
  • Bankruptcy Lawyer
  • Jersey City, NJ
  • Licensed in New York

A: You have a very complicated question. Talk to an attorney for free. You have lots of wiggle room based on what you wrote.

Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island , NY

A: You can’t file bankruptcy and expect to stay in there. Your landlord will probably not allow it. I’d be happy to speak to you if you want some advice from a lawyer! Be careful! Some of the stuff you posted didn’t make sense! Or speak to any bankruptcy lawyer for that matter

Matthew Valley
Matthew Valley
Answered
  • Bankruptcy Lawyer
  • Austin, TX

A: As the other attorneys have said: should talk to a bankruptcy attorney as you appear to have some confusion of the issues.

That being said, Chapter 13 does allow one to “assume” a lease—one would typically pay the arrearages over 3 to 5 years of the Chapter 13 plan while remaining current on the lease. That would not mean one is entitled to renew a lease though.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.