The Daily Insight

Bringing clear, reliable news and in-depth information to keep you informed with context and clarity.

education insights

Is a landlord a creditor in bankruptcy?

Writer Sarah Duran

Landlords become your creditors if you have past-due rent. As you might expect, missed rent payments can result in eviction and a judgment against you. Should a landlord get a money judgment, a bankruptcy may not stop you from losing your apartment or rental unit.

Is rent dischargeable in bankruptcy?

Rent in Los Angeles often represents a hefty chunk of an individual’s total income. Of course, having a home is vitally important, but be assured that if you are arrears in your rent, your back rent is dischargeable in a personal bankruptcy just like any unsecured debt such as credit card debt or medical bills.

Do you have to list all your creditors when you file bankruptcy?

When you file for Chapter 13 or Chapter 7 bankruptcy, you must list all of your creditors. While it is a requirement, it is also in your best interests to do so in order to take full advantage of your case.

What do you need to know about a creditor list?

A Creditor List is a listing of the name and address (creditor record) of each creditor in a bankruptcy case. It must be filed or presented electronically.

Can you omit a debtor in a Chapter 7 bankruptcy?

While you should do your best to include all debts in your bankruptcy, it’s not uncommon for debtors to accidentally omit a creditor. If you do so in a no-asset Chapter 7 case, and the creditor doesn’t suffer as a result (isn’t “prejudiced by the omission”), most courts take a “no harm, no foul” approach and will still consider the debt discharged.

Why is the creditor mailing list important in bankruptcy?

The bankruptcy court uses the list to provide all required notices to your creditors during your case, and failing to file it properly can cause problems with your discharge. Read on to learn more about the creditor mailing list, why it is important, and how to file it correctly.