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Housing is important to all of us, whether we have gone through a bankruptcy or not. People often have concerns about being able to obtain housing after a bankruptcy.

I have been practicing for over forty years and have represented thousands of people in bankruptcy cases. I have yet to have a client call me and tell me that they were homeless because of their bankruptcy filing.

Certainly there are some landlords who will view your credit history and make decisions based upon a credit report. If that landlord used your prior bankruptcy as a negative factor, the bankruptcy could enter into the landlord’s credit decision regarding your personal tenancy.

A landlord who makes rental decisions based upon a bankruptcy filing is not very financially astute. A debtor who obtains a Chapter 7 discharge cannot obtain another Chapter 7 discharge for eight years. Rarely do residential leases last that long.

Most people view housing with the importance it deserves and will let other bills and expenses go before they will give up their housing; rent usually gets paid before other kinds of debts.

Landlords are also protected under the bankruptcy code. They enjoy one of the strongest positions of any type of creditor. A debtor who wishes to assume a lease must cure any default and provide adequate assurance of future performance. Credit card companies and other creditors do not get these protections.

While there may be landlords here or there who are unwilling to rent to people due to a bankruptcy filing, the vast majority of landlords want their units rented. Assuming you otherwise meet their criteria, a bankruptcy filing will have little or no effect.


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