Well you filed a Chapter 13 re-organizational
bankruptcy and you have decided to move out of the house and you want to rent the house.
Hi I’m Andy Forman and I’m a Consumer Bankruptcy Lawyer in Tampa, Florida and I represent debtors
in Chapter 13 bankruptcy. Sometimes the debtor needs to rent a house during bankruptcy. The
bankruptcy code particularly Chapter 13 requires that the debtor obtain permission of the Chapter
13 trustee in order to enter into a lease whether it be for a shopping center or a house
and in order to do that you would ask the trustee for permission to do it. The trustee
would typically ask for a copy of the lease so we can determine its terms and conditions
and what security deposit is required. Chapter 13 deals with your disposable income so the
trustee is going to look at how much money you are being asked to spend for rent and
make an inquiry whether or not it is reasonable. Typically the payment amount is reasonable
and there is a reasonable necessity for it the trustee is going to be able to give you
that permission and you would be able to rent that house. If a trustee decides that it is
not appropriate to give you permission it is not the end of the event. You have the
ability to petition the courts, to file a motion and the Judge will decide whether it
is reasonable and appropriate. I’m Andy Forman. Good luck with your Chapter 13.