Stub Rent

An issue is presented when a debtor files for bankruptcy relief in the middle of a month and there is unpaid rent for the month. "Stub Rent" is the rent due for the period beginning of the date of filing of bankruptcy and the end of the debtor's first month in bankruptcy.

Some courts follow the "proration" or "accrual" theory and require a pro-ration of the rent with the debtor only paying that portion that accrues after the bankruptcy filing. Other courts follow the "billing date" theory and a debtor is only obligated to  pay rent that is billed after the filing date.