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Rent Deposit and Prepetition Residential Eviction Judgment
Rent Deposit and Prepetition Residential Eviction Judgment
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11 U.S.C. 362(a)(3), 362(b)(22) and (l)
Fed. R. Bank. P.

Event: Bankruptcy > Miscellaneous > Initial Statement of Eviction Judgment (Form 101A)
Event: Bankruptcy > Miscellaneous > Statement About Payment of Eviction Judgment (Form 101B)

Official Form 101A and 101B

The following procedures apply when, prior to an individual debtor's filing of a bankruptcy case, the debtor’s landlord obtained a judgment for possession (eviction judgment) of the debtor’s rented residence. This is noted on the Petition, question 11.

Filing Requirements:

  1. If the debtor seeks to have the automatic stay apply to the rented residence for the thirty days immediately following the date of case filing, the debtor must:
    1. File Official Form 101A: Initial Statement About an Eviction Judgment Against You. Debtor must provide the landlord’s name and address, check both boxes, and sign/date the form.
    2. Serve the landlord with a copy of Form 101A and provide proof of service with the Court.
    3. Provide the Clerk with a cashier's/certified check or money order made payable to the lessor (landlord), in the amount of any rent that would become due during the thirty (30) day period after the filing of the petition.
  2. If the debtor seeks to remain in the residence and have the automatic stay apply to the rented residence beyond the initial thirty (30) days, then within thirty (30) days after filing the petition, the debtor must:
    1. File Official Form 101B: Statement About Payment of an Eviction Judgment Against You (this is in addition to Form 101A). Debtor must check both boxes and sign/date the form.
    2. Serve the landlord with a copy of Form 101B before the initial thirty (30) day period ends and provide proof of service with the Court.
    3. Pay the landlord the entire amount owed under the judgment for possession.

 

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