Local Rule LBR 4001-4: Rent Deposit
Bankr. D. Haw. — General rule
LBR 4001-4. Rent Deposit
(a) Deposit with Initial Statement About an Eviction. The clerk shall not accept a deposit of rent under § 362(l)(1)(B) unless all the following requirements are met.
(1) The debtor must file an Initial Statement About an Eviction Judgment Against You (Official Form 101A) with the petition at the commencement of the case.
(2) The debtor must attach to the Initial Statement a copy of the judgment for possession or eviction that was entered prior to the filing of the bankruptcy petition.
(3) The Initial Statement must be signed by the debtor(s), contain the landlord's name and mailing address, and have the boxes checked which certify that: (A) under applicable state or nonbankruptcy law, the debtor has the right to stay in the residence by paying the landlord the entire delinquent amount; and (B) the debtor is depositing the rent that would be due during the 30 days after filing the bankruptcy petition.
(4) The rent deposit must be in the form of a certified or cashier's check or money order, payable to the landlord.
(b) Service of Initial Statement on Landlord. The debtor must mail a copy of the Initial Statement on the landlord by and file a certificate of service.
(c) Statement About Payment of an Eviction Judgment. Upon payment in accordance with § 362(l)(1)(B)(2) of the entire amount owed as stated in the eviction judgment, the debtor must: (1) certify full payment of the judgment amount in a Statement About Payment of an Eviction Judgment Against You (Official Form 101B), filed within 30 days after filing the bankruptcy petition; (2) file a notice substantially conforming to the local form (Notice of Deadline to Object to Certification Regarding Rent Payment), providing the landlord notice of a 14-day objection deadline; and (3) file a certificate of service on the landlord for the Statement About Payment of an Eviction Judgment and the Notice of Deadline to Object.
(d) Non-Compliance. Failure to comply with the certification requirements in the relevant statutory provisions and this rule will result in the clerk's transmittal to the landlord of a certified copy of the docket indicating the absence of the debtor's certifications and a notice regarding applicability of the automatic stay provision of § 362(b)(22).