Legal Question in Bankruptcy in California
If someone files a chapter 7 bankruptcy, and as part of that bankruptcy they indicate on their sttement of intention that they desire to assume a lease, and if that case is ultimately discharged in due course, can the debtor go back into the case after it has been discharged and closed and amend his statement of intention to reject the lease (and therefore give back the leased item without having any liaiblity for a potential deficiency on the contract)?
Asked on 9/08/10, 8:43 pm
2 Answer from Attorneys
Brian Whitaker
Lifeline Legal, LLP
Yes - the Stmt of Intent is just that ... a statement of the debtor's intention.
Debtor can change his/her mind any time ... no amendment is required.
Answered on 9/13/10, 10:37 pm
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