Rent Deposits - Under 11 U.S.C. 362(l)

Rev. 01/22/2024

11 U.S.C. § 362(l)

If the Debtor files with the petition and serves upon the lessor a certification attesting to specific requirements, the Debtor has 30 days of protection against an eviction judgment involving residential property in which the Debtor resides as a tenant under a lease or rental agreement. The certifications are made on official forms.

Voluntary Petition

Debtor must file an Official Form 101A Initial Statement About an Eviction Judgment Against You (Official Form 101A) with the voluntary petition.

The statement certifies that circumstances permit the Debtor to cure the entire monetary default brought by a judgment for possession.

If the Debtor checks both boxes on the form, the Debtor must:

• Serve a copy of the statement (Official Form 101A) to their landlord and
• Deposit with the Clerk any rent that would become due after 30 days after the petition's filing date.
  • The deposit must be in the form of a money order or certified or cashier's check made payable to the United States Bankruptcy Court.

After Depositing Rent with the Clerk and Within 30-Days After Filing the Voluntary Petition

For the Debtor to remain in their residence 30 days after the commencement of the case, the Debtor must:

1. Pay the Lessor the entire amount owed as stated in the eviction judgment and
2. File and serve the Lessor Official Form 101B Statement About Payment of an Eviction Judgment Against You (Official Form 101B).
   1. The statement certifies that the Debtor has a right to stay in their residence by paying the landlord the entire amount owed as stated in the eviction judgment.

Hearing Requirements

Suppose the Lessor files an objection to any of the certifications. In that case, the court must hold a hearing within ten (10) days after the filing of the objection to determine if the certification is true. See 11 U.S.C. § 362(l)(3)(A)

If the Lessor prevails, the Clerk must serve the Lessor and the Debtor with a certified copy of the court's order. See 11 U.S.C. § 362(l)(3)(B)

Official Form 101A - Initial Statement About an Eviction Judgment Against You

Docket Event:

[Bankruptcy > Other > Initial Statement of Eviction Judgment (Form 101A) ]

Requirements:

KMS Cases	JAW Cases
Official Form 101A	Official Form 101A
Rental Deposit* when the debtor checks the second box on the form. *Money order or cashier's check made payable to the United States Bankruptcy Court.	Rental Deposit* when the debtor checks the second box on the form. *Money order or cashier's check made payable to the United States Bankruptcy Court.

Official Form 101B Statement About Payment of an Eviction Judgment Against You

Docket Event:

[Bankruptcy > Other > Statement About Payment of Eviction Judgment (Form 101B)]

Requirements:

KMS Cases	JAW Cases
Official Form 101B	Official Form 101B

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