Asked in Bankruptcy and Landlord - Tenant for California

Q: Applicants filed for bankruptcy chap-7, two of their BK is discharged and one is FILED status. Should I rent my property

Applications including two co-applicants who have applied for my rental property have filed for BK chap-7. Two of the applicant's BK is in Discharge status (2018) but the third one's BK (Oct 2020) is in filed status. Should I rent my property for them? What are the pros and cons? Would my name or my property be included in Bankruptcy?

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4 Lawyer Answers

A: It appears that you are dealing with them in what we call "post petition". The fact that a Chapter 7 is pending may present an issue if the bankrupt proceeds without the consultation with his counsel, and probably the trustee, but I cannot see how your property would be included in any event, because it belongs to you, not them!

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A: You won't be listed in the bankruptcy because what you might do with them is "post" petition meaning it happened after the bankruptcy was filed. You ask the "current" one to ask his bankruptcy attorney if it would be okay for him to enter into a lease agreement. The good news for the 2 - 2018 filers is that they can't file another bankruptcy for many years. The bad news is that they had to file a bankruptcy so something went wrong with the finances. Make sure you confirm what has changed since 2018 to make them better suited to handle finances like your rent payment.

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A: You have received good responses from my colleagues. There may be more factors that should be discussed before proceeding - I urge you to consult directly with a bankruptcy attorney who can cover all the specific issues with you before proceeding. There may be some things that need to be addressed that you have not considered.

A: If they otherwise qualify to rent, the bankruptcy shouldn’t affect the rental. The two discharged applicants cases are closed and the open status applicants rental would be post-petition and not subject to the bankruptcy proceedings.

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