Legal Question in Bankruptcy in Minnesota

Rent Payments

Our landlord is in Ch 7 bankruptcy. We pay rent to the mother, I think she then gives it to them. Yesterday she came and asked us to back date our check to her. Is this legal and who should we pay rent to?


Asked on 4/01/03, 5:39 pm

2 Answers from Attorneys

Andrew Nichols Law Office of Andrew B. Nichols

Re: Rent Payments

I would find out who the bankruptcy trustee is in the case. Notify the trustee of what has transacted thus far and find out where the checks should be paid. It is possible the checks are now suppose to be received by the trustee.

ph. (763) 788-1000

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Answered on 4/02/03, 11:22 am
David Kelly-952-544-6356 Kelly Law Office

Re: Rent Payments

I do a fair amount of bankrutpcy work. From your question, it is not clear what the point would be of back dating a check. I can only guess that the trustee is saying that he or she wants any rent received after the date of bankruptcy filing, and so they want to claim the rent came in previous to the filing.

While it is not clear what they may be up to, I suggest that you not back date anything - you could be participating in some kind of fraud. As far as who you should pay, it seems to me it would be pretty safe to pay whoever you always used to pay - unless you receive a notice from the bankrutpcy trustee saying to send the payments somewhere else.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are adivsed to consult the attorney of your choice concerning the details of your case.

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Answered on 4/02/03, 11:10 am


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