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Residential lease in Chapter 7
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I have had occasion to consider this question, but never had to act on it.
I believe the answer is yes and I have so advised many clients over the
years. It has never happened to one of my clients, but I do believe that it
could.......
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Jim Selth
Sent: Friday, January 22, 2010 9:25 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Residential lease in Chapter 7
A client (an attorney, naturally) asked me a question I hadn't heard before:
Can the landlord of the debtor's residence use the debtor's Chapter 7 filing
to terminate the lease and give 30 days notice to quit if the debtor remains
current on lease payments? Section 365(d) states that if the trustee does
not assume or reject an unexpired lease of residential real property within
60 days, then the lease is deemed rejected. Section 365(e) says an unexpired
lease of the debtor may not be terminated under an ipso facto clause based
solely on the filing of a bankruptcy. I know as a practical matter the
landlord is probably happy to have a paying tenant, but how to advise the
naturally nervous client who wants to remain in his leased home? I'll be
spending some time with Colliers today, but any input from the group would
be appreciated.
Jim
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW.
IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
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MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
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Message
I have had occasion to
consider this question, but never had to act on it. I believe the answer
is yes and I have so advised many clients over the years. It has never
happened to one of my clients, but I do believe that it
could.......
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
A client (an attorney, naturally) asked me a question I hadn't heard before: Can the landlord of the debtor's residence use the debtor's Chapter 7 filing to terminate the lease and give 30 days notice to quit if the debtor remains current on lease payments? Section 365(d) states that if the trustee does not assume or reject an unexpired lease of residential real property within 60 days, then the lease is deemed rejected. Section 365(e) says an unexpired lease of the debtor may not be terminated under an ipso facto clause based solely on the filing of a bankruptcy. I know as a practical matter the landlord is probably happy to have a paying tenant, but how to advise the naturally nervous client who wants to remain in his leased home? I'll be spending some time with Colliers today, but any input from the group would be appreciated.
Jim
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
The post was migrated from Yahoo.