Expert: Terry Leeders - 3/1/2009

Question
During the BK process, I told my attorney that we would have to move out of our current rental and then we'd end up with a broken lease.  and asked him to include the property management company on our list of creditors.
they were notified of our BK.  but since we had not moved out yet there was no broken lease yet.

We moved out 2 weeks after discharge and 5 months later I received a letter from the owner stating we owed him for the remainder of the lease.

The property management company appears on SEction G - Leases of my petition.  and under the individual debtors statement of intention we did NOT check the box to be Assumed

And the PM company appears on the list of creditors that was attached at the end of the petition.

Since I had no debt with them when it was discharged, but they were notified.  Am I responsible for the debt that now exists because of the broken lease?

Any help or insight is much appreciated.

Answer
While they cannot collect on the lease, the landlord has the right to evict.  You need to show the judge the bankruptcy paperwork, and the judge should dismiss the monetary portion of the complaint.  You can also send a copy to the landlord's attorney too.