Local Rule 4001-4: PAYMENT AND CURE OF PRE-PETITION JUDGMENT OF POSSESSION INVOLVING RESIDENTIAL PROPERTY

Rule 4001-4 PAYMENT AND CURE OF PRE-PETITION JUDGMENT OF POSSESSION INVOLVING RESIDENTIAL PROPERTY

(a) A debtor seeking to obtain a 30-day stay of eviction pursuant to Bankruptcy Code § 362(b)(22) and (l) shall:

(i) make the required certification by completing Official Form 101A, Initial Statement About an Eviction Judgment Against You, including the landlord's name, address, telephone number and e-mail address;

(ii) deliver to the Clerk, together with the petition (or, if the petition is filed electronically, no later than the day after the filing), a certified or cashier's check or money order, made payable to the lessor, in the amount of any rent that would become due during the 30-day period after the filing of the petition;

(iii) file a copy of the judgment for possession, if available; and

(iv) if the landlord objects to the debtor's certification, attend the hearing on such objection.

(b) If the debtor complies with the requirements set forth in subdivision (a), the Clerk shall, within one day, send notice of compliance and a copy of the debtor's petition to the lessor who shall then have the option, exercisable no later than 14 days after the date of the notice, to consent to receive the check (in which event the lessor shall provide payment instructions), or file an objection to the debtor's certification, which objection shall constitute a request for hearing. A lessor is deemed to have consented to receive the check if the lessor does not respond within the 14-day deadline, in which event the Clerk shall send the check to the lessor at the address set forth in the debtor's certification.

(c) A debtor who obtained a 30-day stay pursuant to Bankruptcy Code § 362(b)(22) and (l) and who wishes to extend the stay beyond the 30-day period shall comply with subdivision (a) of this rule and, within the 30-day period after the filing of the petition, shall:

(i) cure the entire monetary default that gave rise to the judgment of possession; and

(ii) if the landlord objects to the debtor's certification under Bankruptcy Code § 362(l)(2) that the entire monetary default that gave rise to the judgment of possession has been cured, attend the hearing on such objection.

REFERENCE: Bankruptcy Code § 362(b)(22), (l).