Back Rent in Bankruptcy -- Can You Discharge Rent Debt?

Back Rent in Bankruptcy

Past-due rent owed to a landlord is typically dischargeable in bankruptcy as an unsecured claim. However, there are important nuances:

• Pre-petition rent: Rent owed before you filed bankruptcy is an unsecured claim and is dischargeable in both Chapter 7 and Chapter 13.
• Post-petition rent: Rent accruing after filing is not dischargeable. You must stay current or face eviction.
• Eviction and the automatic stay: Filing bankruptcy stops most evictions temporarily. However, if the landlord already obtained a judgment for possession before you filed, the stay may not prevent eviction (Section 362(b)(22)).
• Lease rejection: In Chapter 7, the trustee will typically reject your residential lease. You can usually stay by continuing to pay rent directly to the landlord.