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