Will I be evicted if I file for bankruptcy? 17 Answers as of March 29, 2012

You can't. They will always find out, somehow. It is much better to tell them up front. That way you get to spin the story. If you are current it is unlikely that anything will happen.

As long as you do not include the landlord as a creditor then they should have no idea that you have filed.

Unexpired leases must be disclosed in a bankruptcy petition.

Once your lease is up, it is up to the Landlord to renew it or not. You bankruptcy filing will be reflected on your credit report. Thus, if you landlord requires a copy of your credit report, then he will know. You have no way to hide it. If you have been a good Tenant, the Landlord may still consider keeping you. In fact, you would probably be more able to pay your rent after wiping out all your debts.

You can't avoid having your landlord find out about the bankruptcy. All executory contracts and unexpired leases must be listed in Schedule G and, as a result, your landlord will be given notice of the bankruptcy and whether you are affirming or rejecting the lease. My experience is that landlords often don't care about bankruptcies as long as all rental payments come in on time.

You are supposed to list the landlord as an unexpired lease on schedule g, however, if your landlord understands bankruptcy, he will know that you can not file another bankruptcy for 8 more years so any arrears in rent that may accrue after bankruptcy would be collectable debt against you.

Unless there is a claim for past due rent that you must list on your schedules, the landlord should not be able to learn of your bankruptcy filing.

No. The lease must be listed in the schedules on Schedule G.

Q: Will I be evicted if I file for bankruptcy? Probably not. A landlord is not legally required to renew your lease, but they will not normally refuse to renew because of a bankruptcy if you have a god history with that landlord. The only exception would be a complex that is 100% (full) and /or with a waiting list for new tenants (very rare). Q: How can I prevent my landlord from knowing? You can't unless the lease has expired. The landlord must be listed on Schedule H unless the lease has expired at the time the case is filed.

You can list the lease on your petition for notice to the court but not notify the Trustee. You should speak to an attorney about this specifically. It will not affect your current lease but upon renewing, your landlord may check your credit report (depending on your relationship) and as such will see the BK on your credit report, whether you like it or not. At that point he can choose to renew you or not. It should not affect your relationship/contract but you should be aware that the Landlord will find out no matter what. Keep in mind that about $2 million people, more or less, file BK every year. These same people have continued to rent/finance/etc without problems. Do not let that stop you from filing.