debt bankruptcy
Can a debt discharged in a bankruptcy be assigned to a different person?
<p>I'm in the USA. I took over an apartment lease from someone for the last 4 months of the lease, which ended in May. I've been remaining in the apartment, and have had trouble paying rent.</p>
<p>I am now filing for bankruptcy, but the landlord and former lease holder are acting like I am still accountable to the former lease holder (which may be the case).</p>
<p>My question is if I add my rent to my debt when filing for bankruptct, and if it gets discharged, would that prevent the landlord from going after the lease holder for it?</p>
<p>Or more generally, if a debt is discharged, can the creditor seek that same debt from a different party?</p>

<p>If you sublet the apartment from the tenant, that is an agreement between you and the tenant. It may be that the landlord has to approve any subleasing, but the original obligation remains. Therefore even if you have been paying the rent, it is essentially paying on behalf of the tenant (in exchange for you getting the use of the unit). If you don't pay what you owe, the landlord will go after the legal tenant. You have no obligation (debt) to the landlord, you have an obligation to the tenant. The tenant has a debt to the landlord.</p>
<p>If the (remainder of the) lease was assigned to you, that's a contract between you and the landlord, and the original tenant may be out of the picture. Or not: you have to look at the agreement. There could be a clause holding the original tenant financially responsible for your default. Or a clause saying that the original tenant is <em>not</em> responsible. If there is no specific statement about that in the agreement, it would depend on state law whether the original tenant is held liable. It would be useful if you clarified whether you have an unpaid obligation from the time of the original lease.</p>

<blockquote>
<p>My question is if I add my rent to my debt when filing for bankruptct,
and if it gets discharged, would that prevent the landlord from going
after the lease holder for it?</p>
</blockquote>
<p>Yes. Although it wouldn't prevent you from being evicted after the automatic stay in bankruptcy expires. Lease in force when a bankruptcy petition is filed must either be affirmed and paid in full by the bankrupt, or rejected and turned into unsecured debt (in which case the bankruptcy stay against evicting the tenant ends).</p>
<blockquote>
<p>Or more generally, if a debt is discharged, can the creditor seek that
same debt from a different party?</p>
</blockquote>
<p>If anyone other than the bankrupt has responsibility on a lease, such as a lease guarantor, or an original leaseholder when a lease is subleased, that person's debt is not discharged in bankruptcy.</p>
<p>So, the person whose lease you took over is still on the hook for the amount owed under the lease.</p>
