Local Rule L.R. 4001-5: Automatic Stay with Respect to Lessors of Real Property under Bankruptcy Code § 362(l).

L.R. 4001-5 - Automatic Stay with Respect to Lessors of Real Property under Bankruptcy Code § 362(l). The following procedures will apply to proceedings to reimpose the automatic stay following a residential eviction against the debtor under Bankruptcy Code § 362(l): 1. The debtor must file the certification required by Bankruptcy Code § 362(l)(1) by completing and filing Official Form B 101 A. 2. The debtor must deposit with the Court rent payments that will come due within the thirty (30) day period after the filing of the bankruptcy petition. The debtor must submit such rent payments by tendering to the Court a cashier's or certified check, or money order payable to the lessor. The debtor must also provide the Court with a copy of the pre-petition judgment for possession at the time of submitting the rent payment to the Court. 3. The Court will send notice to the designated lessor advising that the lessor may elect to: a. consent to receive the rent payment (and should give payment instructions, e.g. address to which the Court should mail the check), or b. object to receiving the rent payment. The lessor will have fourteen (14) days from the date of the Court's notice to return the notice with the lessor's election. The lessor's return of the notice indicating that the lessor elects to object to receiving the rent payment will be deemed an objection to receiving the rent payment filed under Bankruptcy Code § 362(l)(3)(A). The lessor may also file a separate objection to receiving the rent payment. Failure to file a timely objection will be the lessor's consent to receiving the debtor's rent payments, and the Court will transmit the debtor's rent payment to the lessor. If the lessor files a timely objection to receiving the rent payment, the Court will set such objection for hearing. 4. Within thirty (30) days of the filing of the petition, the debtor must file the certification required by Bankruptcy Code § 362(l)(2) (Official Form 101 B) advising that the debtor has cured the pre-petition default and must serve that certification on the lessor. 5. If the lessor objects to the certification under Bankruptcy Code § 362(l)(2), the lessor must file an objection within fourteen (14) days of receipt of the certification and serve the objection on the debtor and the debtor's counsel, if any. The Court will set a hearing as required under Bankruptcy Code § 362(l)(3). 6. If the debtor fails to file the necessary certification(s) under Bankruptcy Code § 362(l)(1) or (2), the Court will provide the lessor and the debtor with a certified copy of the docket sheet as required by Bankruptcy Code § 362(l)(4)(B).