Legal Question in Bankruptcy in Florida

trustee responsibliity

we are in the middle of a chap 7 bk, and we have a rental house with a renter. I have told the renter to vacate the property and stop paying rent. His lease is up. The trustee sent him a letter and told him he could stay but to start sending the money to her. That is fine, however, the house will go into foreclosure and the renter will then be forced to move. The trustee said that we have to pay her the rent for the months post filing of the bk, which is fine.....however, I just received an email that she is going to file a motion of turnover and revoke discharge. #1. how can the trustee do this? Especially since we have not received anything from the trustee dictating any terms for repayment? #2. isn't it the responsibility of the trustee to provide a payment plan for any assets?


Asked on 2/15/08, 12:02 pm

1 Answer from Attorneys

Re: trustee responsibliity

Once a Chapter 7 is filed all of your non-exempt assets belong to the Bankruptcy and are within the control of the Bankruptcy Trustee. The Trustee is not required to enter into a payment plan on monies generated post-petition for bankruptcy estate assets. Your best position at this point would be to use post petition assets (wages) to provide the Trustee with the rent money requested or a repayment plan which he or she will accept. The failure to either work out some sort of accomodation with the Trustee could lead to a Bankruptcy judge revoking your discharge.

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Answered on 2/19/08, 9:38 am


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