Central District Consumer Bankruptcy Attorney's Association

Take this case as a lesson. I often approach the landlord before filing to get an agreement for a new lease after the filing. The agreement is not enforceable, but I have yet to have a landlord make such and agreement and then reject it (It will happen, at least once.)
Counsel have to warn clients who lease business premises that trustees will not likely assume leases.
You were smart to form a corp before the filing, if the corp had the lease assigned prepetition there would be no issue.
d
Sent from my iPad
On Mar 30, 2013, at 9:49 AM, "Stephen" wrote:
> Hi Listmates:
>
> I have a Chapter 7 client who had signed a 3 year lease agreement about 6 months before filing. He continues to pay his monthly rent but now the landlord wants to give him 30 days notice stating the lease agreement is void, for he wants to use that space for a larger renovation. There was no reaffirmation agreement involved, but is it treated like a house wherein as along as payments are timely made the agreement is in full affect or that the lease term has been terminated and now subject to a month to month? Another factor is that we had created a corporation before filing the BK so his business could continue to operate during the BK process.
>
> Thanks, and cheers.
>
> Stephen
>
> Stephen M. Stern, Esq.
> Law Office of Stephen M. Stern, PC
> 1026 Plan Street, Suite 215
> San Luis Obispo, CA 93401
> (805) 215-0295
>
>

The post was migrated from Yahoo.

Yes
Sent from my Stella Havkin's iPad
On Mar 30, 2013, at 10:31 AM, Stephen Mark wrote:
> Under the Statement of Intention?
>
> To: "cdcbaa@yahoogroups.com"
> Sent: Saturday, March 30, 2013 10:08 AM
> Subject: Re: [cdcbaa] Chapter 7 and lease agreements
>
>
> Did you assume the lease in the bankruptcy?
>
> Sent from my Stella Havkin's IPhone
>
> On Mar 30, 2013, at 9:49 AM, "Stephen" wrote:
>
>>
>> Hi Listmates:
>>
>> I have a Chapter 7 client who had signed a 3 year lease agreement about 6 months before filing. He continues to pay his monthly rent but now the landlord wants to give him 30 days notice stating the lease agreement is void, for he wants to use that space for a larger renovation. There was no reaffirmation agreement involved, but is it treated like a house wherein as along as payments are timely made the agreement is in full affect or that the lease term has been terminated and now subject to a month to month? Another factor is that we had created a corporation before filing the BK so his business could continue to operate during the BK process.
>>
>> Thanks, and cheers.
>>
>> Stephen
>>
>> Stephen M. Stern, Esq.
>> Law Office of Stephen M. Stern, PC
>> 1026 Plan Street, Suite 215
>> San Luis Obispo, CA 93401
>> (805) 215-0295
>
>
>

The post was migrated from Yahoo.

Under the Statement of Intention?
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Saturday, March 30, 2013 10:08 AM
Subject: Re: [cdcbaa] Chapter 7 and lease agreements
Did you assume the lease in the bankruptcy?
Sent from my Stella Havkin's IPhone
On Mar 30, 2013, at 9:49 AM, "Stephen" wrote:
>Hi Listmates:
>
>I have a Chapter 7 client who had signed a 3 year lease agreement about 6 months before filing. He continues to pay his monthly rent but now the landlord wants to give him 30 days notice stating the lease agreement is void, for he wants to use that space for a larger renovation. There was no reaffirmation agreement involved, but is it treated like a house wherein as along as payments are timely made the agreement is in full affect or that the lease term has been terminated and now subject to a month to month? Another factor is that we had created a corporation before filing the BK so his business could continue to operate during the BK process.
>
>Thanks, and cheers.
>
>Stephen
>
>Stephen M. Stern, Esq.
>Law Office of Stephen M. Stern, PC
>1026 Plan Street, Suite 215
>San Luis Obispo, CA 93401
>(805) 215-0295
>
>

The post was migrated from Yahoo.

Did you assume the lease in the bankruptcy?
Sent from my Stella Havkin's IPhone
On Mar 30, 2013, at 9:49 AM, "Stephen" wrote:
> Hi Listmates:
>
> I have a Chapter 7 client who had signed a 3 year lease agreement about 6 months before filing. He continues to pay his monthly rent but now the landlord wants to give him 30 days notice stating the lease agreement is void, for he wants to use that space for a larger renovation. There was no reaffirmation agreement involved, but is it treated like a house wherein as along as payments are timely made the agreement is in full affect or that the lease term has been terminated and now subject to a month to month? Another factor is that we had created a corporation before filing the BK so his business could continue to operate during the BK process.
>
> Thanks, and cheers.
>
> Stephen
>
> Stephen M. Stern, Esq.
> Law Office of Stephen M. Stern, PC
> 1026 Plan Street, Suite 215
> San Luis Obispo, CA 93401
> (805) 215-0295
>
>

The post was migrated from Yahoo.

Hi Listmates:
I have a Chapter 7 client who had signed a 3 year lease agreement about 6 months before filing. He continues to pay his monthly rent but now the landlord wants to give him 30 days notice stating the lease agreement is void, for he wants to use that space for a larger renovation. There was no reaffirmation agreement involved, but is it treated like a house wherein as along as payments are timely made the agreement is in full affect or that the lease term has been terminated and now subject to a month to month? Another factor is that we had created a corporation before filing the BK so his business could continue to operate during the BK process.
Thanks, and cheers.
Stephen
Stephen M. Stern, Esq.
Law Office of Stephen M. Stern, PC
1026 Plan Street, Suite 215
San Luis Obispo, CA 93401
(805) 215-0295

The post was migrated from Yahoo.