Local Rule Administrative Order No. 05-06: Administrative Order – Debtors Asserting an Exception to the Limitation of the Automatic Stay Under 11 U.S.C. § 362(l) and Procedure for Receiving Rent Deposits

Administrative Order No. 05-06 ADMINISTRATIVE ORDER WHEREAS, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 amended 11 U.S.C. § 101 et seq. ("Code") including the automatic stay provisions of 11 U.S.C. § 362 in regards to actions to recover possession of residential property occupied by a debtor by the enactment of 11 U.S.C. § 362(l), and WHEREAS, the Court requires uniformity in the procedure for the deposit of rent by Debtors and transmittal of rent to Lessors under § 362(l)(1)(B) and § 362(l)(5)(D) of the Code, it is hereby ORDERED, that any deposit of rent made by or on behalf of a debtor, pursuant to § 362(l)(1)(B) of the Code, must be 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 the Petition and the certification made under § 362(l)(1)(A) of the Code, and it is further ORDERED, that the debtor must file a copy of the Judgment for Possession together with the Petition, and it is further ORDERED, that upon the Clerk's receipt of a certified check or money order payable to the order of the Lessor, with a copy of the Judgment for Possession, tendered by a Debtor pursuant to § 362(l)(1) of the Code, the Clerk is directed to promptly transmit by mail the certified check or money order to the Lessor, certified mail/return receipt requested, to the address listed on the Judgment for Possession.

This order shall be effective October 17, 2005.

BENJAMIN COHEN Chief United States Bankruptcy Judge TAMARA O. MITCHELL United States Bankruptcy Judge JACK CADDELL United States Bankruptcy Judge THOMAS B. BENNETT United States Bankruptcy Judge C. MICHAEL STILSON United States Bankruptcy Judge Dated: October 17, 2005