Landlord filed Bankruptcy Chapter 7-Trustee won’t return calls-Could we be evicted for paying trustee instead of landlord?

Our landlord, who lives in AZ, filed Chapter 7 in May and listed me, CO tenant, as a creditor. The trustee sent a letter saying to cease payments to landlord and I have made 1st payment to trustee. Landlord leaves profane messages to pay, but I have ignored. The trustee has not returned calls for almost two weeks. Can we be evicted for paying trustee instead of landlord? Should I consider the deposit gone? Should I start looking for another place to live? Trying to get all my ducks in a row. Thanks in advance.

Asked on July 2, 2009 under Bankruptcy Law, Colorado

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Please make sure that you keep proof of payment to the trustee for your rent payments, at least from here on out.  A cancelled check is good enough, and that plus a copy of the trustee's letter should stop any eviction action the landlord tries to put through.  I would also suggest that you send the trustee a letter -- certified mail, return receipt requested is the best bet -- that (a) says how much your deposit is, and asking if anything more is needed as a proof of claim, and (b) asking for a written receipt for the first rent payment, since you are being harassed by the landlord.

If you do get eviction papers, please see a lawyer immediately.  One place to find an attorney is our website, http://attorneypages.com

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Please make sure that you keep proof of payment to the trustee for your rent payments, at least from here on out.  A cancelled check is good enough, and that plus a copy of the trustee's letter should stop any eviction action the landlord tries to put through.  I would also suggest that you send the trustee a letter -- certified mail, return receipt requested is the best bet -- that (a) says how much your deposit is, and asking if anything more is needed as a proof of claim, and (b) asking for a written receipt for the first rent payment, since you are being harassed by the landlord.

If you do get eviction papers, please see a lawyer immediately.  One place to find an attorney is our website, http://attorneypages.com


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