How can I make sure that my landlord does not know about my bankruptcy? 23 Answers as of January 17, 2012

I've had a relative help me pay for my rent while I am trying to file for bankruptcy. I just want to make sure that my landlord does not find out about it, because I am afraid of eviction. What can I do?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Your Landlord won't find out unless he pulls a credit report on you, or actively searches for the filing through public records.
Answer Applies to: Washington
Replied: 1/17/2012
Heupel Law
Heupel Law | Kevin Heupel
You can't avoid not telling him. However, the landlord cannot evict you if you're paying your rent.
Answer Applies to: Colorado
Replied: 1/17/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Depending on the facts of the case you may or may not have to tell your landlord.
Answer Applies to: Georgia
Replied: 12/30/2011
Mazyar Hedayat and Associates
Mazyar Hedayat and Associates | Mazyar Malek Hedayat
Bankruptcy is a public proceeding. All parties to whom you owe money must be notified of the case. There is no way to keep your case a secret from your landlord without excluding him or her from your Petition - a move that would risk your case and make you guilty of bankruptcy fraud and perjury. Note however, that upon filing bankruptcy an Automatic Stay descends and creditors may not take action to secure payment or enforce contracts such as a lease.
Answer Applies to: Illinois
Replied: 12/30/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
All creditors are listed in your bankruptcy. If your landlord is not a creditor he or she will not receive a notice. Bankruptcy is a matter of public record, but it would be unusual for a non-creditor to search the public record for your bankruptcy. Generally, a non-creditor will find out about your bankruptcy if you tell them about it. Otherwise, they won't know.
Answer Applies to: California
Replied: 12/29/2011
    Weber Law Firm, P.C.
    Weber Law Firm, P.C. | William Weber
    Nothing. If you have a contract with your landlord, he needs to be listed on Schedule G (Executory Contracts) and will receive notice of the case. He will not care about the filing if you are current on your rent.
    Answer Applies to: Texas
    Replied: 12/29/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Exclude your landlord in the mailing matrix and creditor list on schedule F.
    Answer Applies to: Florida
    Replied: 12/29/2011
    Benson Law Firm
    Benson Law Firm | David Benson
    Your landlord, as a lessor, is entitled to notice of the bankruptcy and your decision whether to affirm or reject the lease. However, most landlords will not care about a bankruptcy if the rent is kept current and you are planning to remain in the premises.
    Answer Applies to: Ohio
    Replied: 12/29/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    If you are current on your rent the landlord does not need to be listed in the bankruptcy. It is therefore highly unlikely he will find out about it.
    Answer Applies to: California
    Replied: 12/29/2011
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    First, your landlord cannot evict you solely because you file a bankruptcy. Second, while BK is a public filing there is no particular reason your landlord will know you filed unless he is in the habit of checking court filings.
    Answer Applies to: Colorado
    Replied: 12/29/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Unless you either tell your landlord, or they do a public record search or additional credit check, they should not find out about your filing.
    Answer Applies to: California
    Replied: 12/29/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Your landlord should not evict you because you filed the bankruptcy. Having said that, you are not required to give notice to your landlord if you are paying the rent.
    Answer Applies to: California
    Replied: 12/29/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | David C. Ayer
    As a general rule, you can only be evicted for a material breach of your lease contract. That means a failure to comply with a major term. Most leases do not address bankruptcy, but some do. You should read your lease carefully to see if it lists bankruptcy as a material term. Whether a clause claiming bankruptcy is material can be enforced is dependent on the laws of the state where you live. As long as you are current on your rent, you reaffirm your lease in the bankruptcy filings, and are in compliance with the other terms of the lease, there should be no grounds for eviction. Consult with a bankruptcy attorney and make a point of expressing your concern about your landlord. Your attorney may be able to come up with a way to deal with your concern.
    Answer Applies to: Massachusetts
    Replied: 12/29/2011
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    A landlord will have no legal ground to evict you, even with a bankruptcy filing, so long as you abide by the terms of your lease agreement.
    Answer Applies to: Ohio
    Replied: 12/29/2011
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    If you continue to pay rent the landlord cannot evict you if you file a bankruptcy.
    Answer Applies to: Florida
    Replied: 12/29/2011
    Lakelaw - Loop Bankruptcy
    Lakelaw - Loop Bankruptcy | David Leibowitz
    Your lawyer should list your lease on Schedule G - it is what's called an "executory contract" - one where you owe rent and they owe you the leased premises - both parties still have duties to perform. Having said that, your bankruptcy has no impact on your lease as long as you are paying your rent normally.
    Answer Applies to: Illinois
    Replied: 12/29/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    You will not be evicted as long as you are current with your rent.
    Answer Applies to: California
    Replied: 12/29/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    If you do not owe the landlord money then you do not have to list him/her in the petition. He or she will not receive notice of the case. He or she can find out that you filed for bankruptcy but it will not be easy and there would be no reason for the landlord to try to find out if he or she has no idea you filed for bankruptcy.
    Answer Applies to: California
    Replied: 12/29/2011
    J.M. Cook, P.A. | J.M. Cook
    If you are leasing property, the lease is an asset and must be disclosed on your petition and schedules.
    Answer Applies to: North Carolina
    Replied: 12/29/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Don't tell him. If your are current on your rent then you do not need to list him as a creditor.
    Answer Applies to: California
    Replied: 12/29/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    As long as you are current on your rent, the landlord cannot evict you, and there is no reason, other than you telling them, that the landlord would know about the bankruptcy as they do not need to be notified unless you owe them money for past due rent.
    Answer Applies to: California
    Replied: 12/28/2011
    The Stockman Law Office | Mary Stockman Esq.
    1) you cannot be evicted due to a bankruptcy filing, and any attorney should prevent such an illegal action, 2) bankruptcy is public record but you do not need to notice your landlord if you do not wish to cause problems.
    Answer Applies to: Florida
    Replied: 12/28/2011
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    As long as your rent is paid on time, you should not have to worry about eviction. The only way your landlord would get direct notice of the bankruptcy would be if you list him as a creditor. As long as you are current on the rent, you do not have to list the landlord in your list of creditors. Bankruptcy filings are public records, however. Anyone checking your credit report after the filing will be able to see that you filed. Similarly, if someone did a search for your name on the court's electronic database, they could find your name there as well (although you need an account to search this database and it costs to do perform searches, so people do not do this for idle curiosity as a rule).
    Answer Applies to: Wisconsin
    Replied: 12/28/2011
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