Landlord filed Bankruptcy Chapter 7-Trustee won’t return calls-Could we be evicted for paying trustee instead of landlord?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 14 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 14 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
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.