Can I keep my apartment if I file a chapter 13 Bankruptcy

In 37 years I have never had a client lose an apartment in a chapter 13 or can conceive of how a debtor could ever lose an apartment due solely to the bankruptcy. Please make sure you consult with an experienced bankruptcy attorney to make sure chapter 13 and not chapter 7 is the proper option for you.

You can "keep" your apartment as long as you make the required monthly rent payments. It doesn't matter which chapter of bankruptcy you're filing. If you fail to make the rent payments, then the landlord is entitled to seek permission from the bankruptcy court to evict you pursuant to applicable state law.

Yes, basically you will assume the executory contract (lease). Landlords don't really care if you file bankruptcy as long as you keep paying. They just want to get paid and often a bankruptcy frees up some funds to pay rent. If you are behind on your rent and want to stay in the apartment that's a much more complicated answer. Contact a bankruptcy attorney in your area ASAP.

You received answers to your question, but I am certain you will have dozens more before you ever file a bankruptcy. Please understand that bankruptcy is a very complicated process; a chapter 13 bankruptcy is extremely complicated. The Court tells us that the failure rate is more than 98 percent for those who file a chapter 13 without an experienced bankruptcy attorney. I am attaching a link to some free videos that explain how bankruptcy works. Most Arizona consumer bankruptcy attorneys offer a free consultation about the basics of bankruptcy. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Make sure to talk to the attorney you will be working with, not a staff person. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www..com, and the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of “bankruptcy” attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them.

If you are just renting an apartment, the bankruptcy will have no effect on your apartment. Just keep making the payments.