Legal Question in Bankruptcy in New York

Landlords and Bankruptcy

I am currently in the process of filling out bankruptcy papers because I need to file bankruptcy to avoid an eviction, but I just need to know what kind of creditor is a landlord, is he a unsecured non-priority creditor (Schedule F), or is he a unsecured priority creditor(Schedule E), or is he a creditor holding a secured claim(Schedule D).I am just a regular tenant looking to file chapter 13 bankruptcy to avoid eviction. Any assistance you may be able to provide will be greatly appreciated.


Asked on 11/22/05, 4:19 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Landlords and Bankruptcy

unsecured, non-priority.

Good luck.

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Answered on 11/22/05, 11:20 pm
Lawrence Silverman Law Firm of Lawrence Silverman

Re: Landlords and Bankruptcy

Generally, the appropriate bankrupcy form schedules on which to list landlords, and other creditors who are lessors on unexpired leases, are Schedule F (Unsecured Creditors) and also Schedule G (Executory Contracts and Unexpired Leases) which you did not list.

However, filing for bankruptcy may not protect you from being evicted and I recommend that you consult an attorney who is experienced in representing tenants in eviction proceedings.

In view of your financial problems, you may qualify for various options of low-cost or free legal representation. You can e-mail me at [email protected] specifying what city and county you reside in and I may be able to refer you to low-cost or free legal services which serve your area.

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Answered on 11/22/05, 11:41 pm


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