Paying Rent during Chapter 7.

[twiz88]

So my leasing company never dealt with a tenant whom stayed during a BK filling. They froze my account and didn't file for an eviction for the month of June and July. I just paid August Rent and now September but they really didn't mentioned the past two months unpaid. Just wondering if they will come after me for those two past months of rent after my case is over? Anyone have a similar situation??

[ksgirl38]

Why didn't you pay your June or July rent?

[twiz88]

Why didn't you pay your June or July rent?

The leasing office said they couldn't take payment for June and July but staring August i can pay Rent which didn't sound right to me. just concerned they will ask for payment after discharge

[Drazil65]

Were they listed as a creditor on the matrix when you filed?

[AngelinaCat]

But you have not yet been discharged--am I reading that correctly? If that is correct, I don't see why they wouldn't take June or July's payments, and now can take August's. That doesn't make sense.

If you haven't yet been discharged, and now they can take August's payment, any concerns they may have had about violating the Automatic Stay, don't work with this scenario.

Justbroke has rental properties and has been in the situation of collecting rents. Let's see what he has to say about this.

[justbroke]

I don't understand the issue, but I hope that you have held June and July's rent in "escrow" or have placed it in a safe place. Some landlords just don't want to get tangled up in a bankruptcy and inadvertently violate the automatic stay preventing collection. However, landlords and tenancy is different. If you were in arrears prior to filing, then the landlord has to take certain steps to continue the prosecution of any eviction. In fact, upon filing, you must stay current on rent. Landlords enjoy very special consideration in bankruptcy and can easily file a Motion for Relief From the Automatic Stay (RFS), and quite easily obtain the relief.

There is something more here or I'm misreading everything. The first sentence was written as if some "other" tenant filed bankruptcy and then "your" account was frozen.

Too confusing without a good explanation of exactly what has happened.

[ksgirl38]

That doesn't make sense. Do you rent from a private owner or is your property held by a larger company? The best I can assume is that your landlord misunderstood how the automatic stay works. I'm wondering if they thought they couldn't take the money from you. Did you actually give them a check and have it returned to you? In reality you should have paid June and July's rent so it is possible that they will come back and ask for that now.

[twiz88]

That doesn't make sense. Do you rent from a private owner or is your property held by a larger company? The best I can assume is that your landlord misunderstood how the automatic stay works. I'm wondering if they thought they couldn't take the money from you. Did you actually give them a check and have it returned to you? In reality you should have paid June and July's rent so it is possible that they will come back and ask for that now.

I agree it doesn't make sense I believe they are confused about automatic stay. I'm renting from a larger rental company. I think I should just go ahead and pay June and July rent so it wont be a problem after discharge.

[twiz88]

That doesn't make sense. Do you rent from a private owner or is your property held by a larger company? The best I can assume is that your landlord misunderstood how the automatic stay works. I'm wondering if they thought they couldn't take the money from you. Did you actually give them a check and have it returned to you? In reality you should have paid June and July's rent so it is possible that they will come back and ask for that now.

I agree it doesn't make sense I believe they are confused about automatic stay. I'm renting from a larger rental company. I think I should just go ahead and pay June and July rent so it wont be a problem after discharge.

[twiz88]

I don't understand the issue, but I hope that you have held June and July's rent in "escrow" or have placed it in a safe place. Some landlords just don't want to get tangled up in a bankruptcy and inadvertently violate the automatic stay preventing collection. However, landlords and tenancy is different. If you were in arrears prior to filing, then the landlord has to take certain steps to continue the prosecution of any eviction. In fact, upon filing, you must stay current on rent. Landlords enjoy very special consideration in bankruptcy and can easily file a Motion for Relief From the Automatic Stay (RFS), and quite easily obtain the relief.

There is something more here or I'm misreading everything. The first sentence was written as if some "other" tenant filed bankruptcy and then "your" account was frozen.

Too confusing without a good explanation of exactly what has happened.

Yes typo in the beginning of the story sorry. But this situation is however about ME. I haven't paid June or July rent (I have the money saved). The manager stated that June and July was frozen and they couldn't collect the rent or evict me because of Automatic Stay. The manager then stated August going forward I would have to pay; he also informed me that this is the first tenant whom filed bankruptcy and stayed at the proptery others have left. So he wasn't sure how to handle. I paid August rent, and now September just wondering if I should just go ahead and pay the back rent or will that be wiped clear (june, July). Thanks

[twiz88]

But you have not yet been discharged--am I reading that correctly? If that is correct, I don't see why they wouldn't take June or July's payments, and now can take August's. That doesn't make sense.

If you haven't yet been discharged, and now they can take August's payment, any concerns they may have had about violating the Automatic Stay, don't work with this scenario.

Justbroke has rental properties and has been in the situation of collecting rents. Let's see what he has to say about this.

Thanks yea I think i should just go ahead and pay June and July rent so it wont be a problem after the fact. They stated they never dealt with a tenant with Bankruptcy. I replied to Justbroke comment as well.

[ksgirl38]

Yes typo in the beginning of the story sorry. But this situation is however about ME. I haven't paid June or July rent (I have the money saved). The manager stated that June and July was frozen and they couldn't collect the rent or evict me because of Automatic Stay. The manager then stated August going forward I would have to pay; he also informed me that this is the first tenant whom filed bankruptcy and stayed at the proptery others have left. So he wasn't sure how to handle. I paid August rent, and now September just wondering if I should just go ahead and pay the back rent or will that be wiped clear (june, July). Thanks

Sounds like you are dealing with someone who has no idea how to handle the situation. If it were me I'd just wait until they asked for it. I rent and rent is due on the 5th and if you haven't paid by the 6th you can expect a note on your door. I imagine at some point or another someone will realize their mistake, but in the meantime I'd just wait and see what happens. I wouldn't spend the money, but it's not going to hurt if it just sits in your bank account earning interest either.

[justbroke]

Rather than take the risk of spending the June and July rents, I would pay them with separate checks (each for June and July 2013). I would attach a letter indicating as such and that due to the bankruptcy, they should not charge any late fees! See if that works. At least you can show that you attempted to pay.