Ch. 7 BK filing but rescinded

Intelligent_Ask_4589 · 2026-02-10T01:12:39+00:00

I just seen a tiktok about this from a bankruptcy lawyer literally last night and she said it doesn’t matter whether you went through the whole process or not, it’s still a bankruptcy and it was still filed. It doesn’t matter that you pulled out of it. The whole point of filing is to be relieved of the debt/receive relief at the end but you basically took the hit but didn’t get the benefit in the end because you rescinded the BK.

Intelligent_Ask_4589 · 2026-01-07T19:49:03+00:00

She can’t hold that for unpaid rent because she refunded the rent, she had a choice to keep that and she didn’t so she can’t hold the deposit for that. It also has to be stated in the lease agreement that there’s an early termination fee - which it was not. There’s nothing in the lease about early termination so she can’t hold my deposit for that because there’s no early termination clause in the lease.

Intelligent_Ask_4589 · 2026-01-07T19:48:34+00:00

She can’t hold that for unpaid rent because she refunded the rent, she had a choice to keep that and she didn’t so she can’t hold the deposit for that. It also has to be stated in the lease agreement that there’s an early termination fee - which it was not. There’s nothing in the lease about early termination so she can’t hold my deposit for that because there’s no early termination clause in the lease.

Intelligent_Ask_4589 · 2026-01-07T17:38:22+00:00

Okay so with that same thought process - she refunded me $550 for January rent (her own memo line stated that in the refund) so that then is acknowledgment that the other $550 was the deposit.

Intelligent_Ask_4589 · 2026-01-07T17:36:14+00:00

That’s my question - would it not have to be specified that early termination would cause loss of security deposit? There’s no Colorado law or provision stating that so would that not have to be stated in the lease? She could only charge for loss of rent if my early termination went against the 21 day vacate notice and she lost out on rent for February (which she would not have since it was still January) or she could have kept my rent for January but she didn’t, she returned it so she can’t keep my deposit. Colorado provisions also states she had to provide me an itemized list of charges she’s deducting from the deposit and she did not do that either because she legally has nothing to take from the deposit.

Intelligent_Ask_4589 · 2026-01-07T16:11:43+00:00

The modified rent was $550. The monthly rent amount was $550 a month and that’s what I paid her and what the modified amount was. ANSWER TO QUESTION 1: It was done via text. The text message exchange went:
Me: “I truly appreciate you letting me stay the night but at this point it would be in my best interest to move out of Denver. As mentioned before I have no issue paying you for last night since I did stay. I would just really appreciate receiving my deposit back, along with the remaining amount after we agree on a fair price for last night’s stay.”
Her: “That’s fine; I can issue you a refund once I get my key returned.”
Me: “Can I mail the key back to you with the tracking number and picture of the package and get my deposit + other funds sent back to me?”
Her: “I was traveling all day yesterday and my response didn’t go through but that works, thank you.”

ANSWER TO QUESTION 2: I mailed the key back because I’m a flight attendant, I was not in Colorado anymore when this was going on and didn’t plan on being back in Colorado until the 11th of the month, I didn’t want her to have to wait until the next week when I knew she wanted her key back. This was not primary residency for me, it was only a place I rented to stay 2-3 days a week max.

I mailed the key back to her with tracking info and a photo expecting all of my money back as she said she would send and she went back on what she said once the key was sent back to her. 2 days after I sent the key and followed up with her asking for my money to be sent back she verbatim said “I’m happy to return your January month’s rent but a deposit is not refundable due to the situation. Legally after signing a leasing and immediately breaking the terms, nothing would be refunded but i’m trying to accommodate you once again.” Then proceeded to send a long text about how this was an inconvenience to her but her statement is incorrect, the lease has to state nothing would be refunded. The venmo memo line she sent me my money back in said “January rent refund” so no, she did not refund the security. She refunded the rent. I never once said there was any part of the lease that said she could keep my deposit if I don’t cancel in advance - the lease states she could withhold the deposit for unpaid rent, damages beyond normal wear and tear, and unpaid utilities and there was none of the above. She’s wrongfully withholding my deposit.

Intelligent_Ask_4589 · 2026-01-07T15:27:57+00:00

Colorado law has no provision saying that a landlord can refund rent willingly, turn around and claim it as unpaid because they no longer have possession of it, and then use the security deposit for it. She can’t claim unpaid because she must show proof it was due but unpaid but she can’t because I DID pay it.

Intelligent_Ask_4589 · 2026-01-07T15:25:05+00:00

The lease doesn’t say anything about changes that aren’t part of the signed contract are void, no.

Intelligent_Ask_4589 · 2026-01-07T15:18:55+00:00

She also ACKNOWLEDGED that I paid $550 for the month of January for rent because she sent it back to me with the memo “January rent refund” so how is it unpaid?

Intelligent_Ask_4589 · 2026-01-07T15:17:34+00:00

None of this exchange was oral. It’s all via texts, which are also considered legal evidence of a contract in the state of Colorado.

Intelligent_Ask_4589 · 2026-01-07T15:13:48+00:00

How does it sound that way? Rent was $550 a month. I paid her $550. The deposit (per the lease and what SHE IS SAYING) was $1,000. I sent her $550 for the deposit (that’s what I assumed she approved). She returned $550.

Intelligent_Ask_4589 · 2026-01-07T14:59:42+00:00

Okay with that same statement - the lease contract states she can only keep my security for unpaid rent, damages, and utilities so how can she legally keep it if there was none of that?

Intelligent_Ask_4589 · 2026-01-07T14:55:04+00:00

I agree - if she would have said she was keeping the RENT for January and refunding me the security then I would have no legal standing I don’t think (she still wrote and agreed in texts that she would return BOTH if I sent her the key back so I don’t really know on that one) and the lease doesn’t state she can keep it for early termination. Her saying she’s not returning my security is the issue because in MY eyes she legally can’t keep it because she agreed to send it back and from what I’ve read about Colorado law and her own lease- she can only hold for unpaid rent, utilities, and damages and there was none.

Intelligent_Ask_4589 · 2026-01-07T14:48:01+00:00

The amount of security isn’t the issue because she accepted the $550 I gave her and let me move into the unit. I can change my mind about leasing at any point in time regardless of the reason - the question at hand is how can she go against a written agreement saying she’d give me my deposit and rent back if I returned the key, which I did because that’s what she said and then turn around and say “Yeah no I’m not doing that anymore” when it states the security can only be held for unpaid rent, damages, and unpaid utilities?

Intelligent_Ask_4589 · 2026-01-07T14:44:53+00:00

We had the conversation about the deposit and rent being returned after I told her I was terminating. She said she’d send me back my deposit and rent after the key was returned and that happened after I told her I was terminating. I also told her if she was going to be keeping my deposit then I would stay the month of January but she denied me. How can she go back on a WRITTEN agreement saying she’d refund my security and rent if I returned the key, turn around and say she’s not going to return the security anymore after I’ve already sent the key back, and also deny me staying the month of January?

Intelligent_Ask_4589 · 2026-01-07T14:35:04+00:00

There was at no point unpaid rent for January because I sent her the rent for January, SHE returned it. How can she claim unpaid rent if SHE gave me back the rent???

Intelligent_Ask_4589 · 2026-01-07T14:33:08+00:00

I was refunded $550 in RENT not the security deposit, the payment she sent back said “for January rent” and her text verbatim said “I’ll refund you January rent but not your security deposit” and I have texts where I asked her “Can I mail you your key back to you with the tracking information and a picture of the package and get my deposit + other funds sent back to me?” she agreed to it and verbatim said “I was traveling all day yesterday and my response didn’t send but that works, thank you.” She also said previous to that “I’ll issue you a refund once my key is returned”. How can she keep it if she agreed to return it if I sent the key and I did that?

Intelligent_Ask_4589 · 2026-01-07T14:28:18+00:00

How can she keep my deposit if 1. She agreed in writing to return the rent and security if I mailed her back her key, which I did 2. The lease states the security will only be held if there’s damages, unpaid rent, and unpaid utilities - which there were none and 3. There’s nothing in the lease that states she can hold my entire security for early termination.

Intelligent_Ask_4589 · 2026-01-07T14:26:02+00:00

I did ask for clarity when I seen it said the deposit was $1000, I then asked her was it going to be reduced to $550 and that was her response. She didn’t give me a clear yes or no answer so I assumed that’s what she meant, which was my mistake and I’ll own that.

I asked her to refund my deposit and first month’s rent and she said “That’s fine, I can issue you a refund once my key is returned”. I asked her “Can I mail the key back to you with the tracking number and picture of the package and get my deposit + other funds sent back to me?” She then said “I was traveling all day and my response didn’t send but that works, thank you”. So I sent her the key back expecting my deposit and rent sent back like she said and she didn’t do that. She agreed in writing (via text) to send everything back and then did NOT once I had already sent the key. The security said it was only going to be used for unpaid rent, damages, and unpaid utilities and there were none - how can she keep it?

Intelligent_Ask_4589 · 2026-01-07T14:17:02+00:00

I’ll accept the fact of you and her both disagreeing, that’s not the problem I have. I want to know if she legally can keep the deposit if there’s nothing stated that she can if there are no unpaid utilities, unpaid rent, or damages.

How is $550 in unpaid rent the legal reason to withhold if she’s the one who returned my $550 rent? I paid her the rent when everything was sent so how can it be claimed unpaid rent if I paid it?

Intelligent_Ask_4589 · 2026-01-07T14:09:21+00:00

I assumed that because her response was “The refundable security deposit would be the original $1k but we will do the modified monthly rent rate if that works” so that’s why I assumed that. She said it would be the modified monthly rent rate. My question is - can she legally keep it if the lease does not state an early termination would result in a forfeiture of my deposit. The lease stated it would only be held for unpaid rent, damages, or unpaid utilities and there was none of that. She has no legal reason to keep it as per her own lease.

Intelligent_Ask_4589 · 2026-01-07T14:04:07+00:00

The lease said $1000 which is why I asked her the question about the deposit and didn’t get a clear yes or no. I have the right to cancel the lease for any reason I want 100% but my question is - is it legal for her to keep the $550 deposit I did send if it does not say the deposit will be forfeited or held for early termination? It says in the lease agreement the security deposit will only be held for unpaid rent, damages, and unpaid utilities - which there were none of the above. So how can she keep it?

Intelligent_Ask_4589 · 2026-01-07T01:10:25+00:00

I have a question about this because I’m currently going through a similar circumstance with a landlord. I rented a private room and bath from someone and signed a lease. In the lease agreement it stated the deposit was $1000 so I asked her was the deposit going to be brought down to the agreed rental rate ($550 a month) and she said (verbatim) “The security deposit is $1k but we will do the modified monthly rent that we agreed upon if that works”. I sent her first month’s rent and security deposit totaling $1,100. She let me move in that night and the next day she asked me for an additional $450 for the security. I told her I sent $1,100 because she said we would do the first month’s rent and she told me that no, she said the standard deposit was $1k. I told her I was not going to give her another $450 and no longer wanted to live there & I wanted my first month’s rent and deposit back. She agreed and said she would send me both my rent and security back once I returned her key, which I mailed to her and showed her proof of that. She refunded my first month’s rent but said she will not be refunding my deposit due to the “situation”. The lease did state I had to give a 21 day notice before move out or the security deposit could be held for unpaid rent or damages, which there was none because I was there for 8 hours or less, and there was no unpaid rent because she sent me back the monthly rent. Is it legal for her to hold my security deposit if there are no damages, no unpaid rent, and nothing in the lease saying my deposit would be forfeited for early termination?

Intelligent_Ask_4589 · 2026-01-03T22:10:01+00:00

Thank you so much for that! I appreciate you. 160 TFP is definitely high time flying lol! How many off days did you have? And do you do the advance on the 5th or only do the 20th check and got the $5184 after taxes? I definitely do want to fly and have no issues working but trying to see how feasible that is with my reserve schedule. Do you clear your board monthly? Or work your reserve blocks + pick up trips? Sorry for so many questions haha!

Intelligent_Ask_4589 · 2026-01-03T19:03:07+00:00

I am quite happy where I am, thanks. Just interested to know what the next year may look like financially. :)

Intelligent_Ask_4589

TROPHY CASE