Rent Deposit.

U.S. Bankruptcy Court for the Southern District of California

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Southern District of California

Rule: 4001-8

Jurisdiction: SDCAB

Bluebook Citation: Bankr. S.D. Cal. R. 4001-8

All Rules: Bankr. S.D. Cal. Local Bankruptcy Rules, complete index


Text

(a) Any rent deposited with the Clerk pursuant to 11 U.S.C. § 362(l)(1)(B) must be in the form of a certified or cashier’s check or money order payable to the lessor or landlord in the full amount of any rent that would become due during the 30-day period following the filing of the Petition. (b) The debtor must deposit rent with the Clerk on the Petition Date. A copy of the judgment for possession must accompany the rent deposit and the Petition. The Clerk is directed to refuse any rent check not accompanied by a copy of the judgment for possession.

23 Go to Table of Contents (c) The debtor should use the Court-approved form CSD 1033, to meet the certification, filing, and service requirements of 11 U.S.C. § 362(l)(2). (d) Pursuant to 11 U.S.C. § 362(l)(5)(D), the Clerk will transmit the payment to the lessor at the address listed in the section on page 2 of the Petition entitled "Statement by a Debtor Who Resides as a Tenant of Residential Property." (e) 11 U.S.C. § 362(l)(1) and (2) are inapplicable to post-foreclosure judgments for possession, and the Clerk will not accept deposits tendered in connection with post-foreclosure judgments for possession. [The next Rule is 4002]

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