Payment and Cure of Pre-Petition Judgment of Eviction Involving Residential

Property The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 amended 11 U.S.C. § 362(l). The purpose of this Local Bankruptcy Rule is to establish uniformity in the procedure for the deposit of rent by debtors and the transmittal of rent to lessors under §§ 362(l)(1)(B) and 362(l)(5)(D) of the Code. This Local Bankruptcy Rule, however, has limited application as it applies solely to cases where an individual debtor is a tenant under a lease or rental agreement where said property is in a jurisdiction that gives a tenant the right to stay in the residence under state law or other applicable non-bankruptcy law by paying the landlord the entire delinquent amount. (a) Compliance by the Debtor with § 362(l)(1).

A debtor is deemed to have complied with § 362(l)(1) by: (1) Initial Certification. The certification required by 11 U.S.C. § 362(l)(1)(A) shall be made and designated on the applicable Official Form, Initial Statement About an Eviction Judgment Against You, and filed with the Bankruptcy Clerk. (2) Filing of Judgment. The debtor must file a copy of the pre-petition judgment for eviction of the debtor's residence together with applicable the Official Form.

(3) Certification. The certification required by 11 U.S.C. § 362(l)(1) (B)(2) shall be made and designated on the applicable Official Form, Statement About Payment of an Eviction Judgment Against You, and filed with the Bankruptcy Clerk if, within the thirty (30) day period after filing of the petition, the debtor has 31 complied with the requirements of 11 U.S.C. § 362(l)(1)(A). (4) Deposit – Certified Funds. Any deposit of rent made by or on behalf of a debtor, pursuant to 11 U.S.C. § 362(l)(1)(B), shall be made in the form of a certified check or money order payable to the order of the lessor, and delivered to the clerk of court upon filing of a petition.

(b) Transmission to Lessor. Upon receipt of the deposit and certification tendered pursuant to 11 U.S.C. § 362(l)(1), the Bankruptcy Clerk shall transmit the certified check or money order promptly to the lessor, by certified mail, return receipt requested, to the address listed on the petition.