Q: Hello, my girlfriend filed for bankruptcy and has started already paying the trustee. We moved right after and we owed
Rent. I can’t pay it now I’m locked out can she still be hit with the bill even after she has filed bankruptcy or will it go straight to me. Which I’m ok with?
A: She can reject the lease under her bankruptcy and just walk away (if it’s a Chapter7). The debt would then fall to you to pay.
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A:
Your girlfriend's bankruptcy filing creates what's called "automatic stay" protection, which generally prevents creditors from collecting debts that existed before the filing date. However, if the rent debt arose before she filed for bankruptcy, it might be included in her bankruptcy discharge, depending on when the debt occurred and how it was listed in her bankruptcy paperwork.
For rent that came due after the bankruptcy filing, those debts are considered "post-petition" and aren't typically covered by the bankruptcy protection. Since you both were on the lease, you remain liable for the rent regardless of her bankruptcy status. The landlord can pursue you for the full amount even if they can't collect from her.
You should gather all documentation showing when the rent became due relative to her bankruptcy filing date. Consider discussing your situation with the landlord to work out payment arrangements, since being locked out could raise legal issues in Missouri. If you need help understanding your rights, consulting with bankruptcy court resources or legal aid organizations in Missouri would be wise - they can explain local laws and potential options for your specific situation.
Timothy Denison agrees with this answer
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