Legal Question in Bankruptcy in Virginia

Payment to creditors - credit cards, old landlord

I am almost $44,000 in debt to credit cards, and other misc. debts. I am current on all payments at this time. I recently moved out of a rental property to a less expensive rental to save money and keep paying on my current debt. The old landlord will not release us from the lease agreement, we did move before the term was up. Under the lease agreement it does state that we are liable for the remaining rent. Due to our debt situation I feel we will be unable to meet this obligation and wish to know if I file bankruptcy, will this debt to the old landlord still be due?


Asked on 1/20/98, 3:07 pm

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Debt to landlord in bankruptcy

A chapter 7 bankruptcy discharges all debts, including rental obligations, with few exceptions (fraud, certain taxes, alimony and child support, and the like). From whatyou state, there is no reason to think that the debt to the former landlord would not bedischarged.

We practice bankruptcy law in Va. If you haveany additional questions, please feel free tocontact me.

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Answered on 1/24/98, 11:09 am
William Bray Perry & Bray

Bankruptcy- rent

You are entitled to file bankruptcy and list the debt to your old landlord on your petition. When the bankruptcy is final, your debt to the landlord (along with your credit card debt and other dischargeable debts)will be discharged. This is designed to give you a fresh start. Please feel free to call my office if you need bankruptcy assistance in the Richmond area.

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Answered on 1/26/98, 8:54 pm


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