Gonzalez, FL Bankruptcy Law Firms & Lawyers

Your question focuses on the wrong issue; too many times the tenant is worrying about whether a landlord is fulfilling his obligations to his creditor but this is of no concern to the tenant. The landlord's ownership of the property is sufficient for him to partake in the benefit of renting it for profit. The creditor has it remedies under the law to pursue the landlord for delinquent obligations. Your only concern as a tenant is that your lease is not breached; which will only happen if you are required to relinquish possession (to no fault or breach of your own) prior to the prescribed term of the lease. When you rent property, you are entitled to possession of the property for the prescribed period of the lease and quiet and peaceful enjoyment (which includes limited maintenance) of the property for that time. You are paying for a place to live and as long as that is not interfered with than you need not worry about whether the landlord is fulfilling his obligations to his creditors and his failure to do so (without affecting your tenancy) is not a cause or defense for not paying rent.

A chapter 7 is known as a "liquidating" estate, while a chapter 13 is known as a "reorganization." In a chapter 7, basically all of the debt is discharged, in a 13 you have to pay a percentage of the debt owed over the course of 3 years extended to 5 with court approval. One must pass the "means" test to qualify for a chapter 7. Consult a local attorney.