Local Rule 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) Compliance by the Debtor with § 362(l)(1). A debtor is deemed to have complied with § 362(l)(1) by:

(1) Making the required certification by fully completing the Initial Statement About an Eviction Judgment Against You (Official Form 101A), including the lessor's name and address; and

(2) Delivering to the Clerk, together with the petition or by the close of business on the day of filing if the petition is filed electronically, 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 thirty-day period after the filing of the petition ("rent payment").

(b) Response by Lessor. If the debtor complies with the requirements set forth in paragraph (a) of this Rule, the Clerk shall, within one day, send a Notice of Compliance to the lessor. The lessor shall then have the option, exercisable no later than fourteen (14) days after the date of the notice, to consent to receive the rent payment (in which event the lessor shall provide delivery instructions) and, if deemed necessary by the lessor, to file an objection to the debtor's certification(s). The filing of an 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 fourteen (14) day deadline, in which event the Clerk shall send the check to the lessor at the address set forth in the Initial Statement About an Eviction Judgment Against You (Official Form 101A). If the lessor declines to receive the check, the Clerk shall return the check to the debtor at the address provided in the petition or any address previously provided by the debtor pursuant to LBR 4002-1. Compliance with this paragraph shall constitute the prompt transmittal of the rent payment by the Clerk in accordance with § 362(l)(5)(D).

(c) Noncompliance by Debtor. If the debtor fails to comply with the requirements set forth in paragraph (a) of this Rule, the Clerk shall send notice of noncompliance to the lessor pursuant to § 362(l)(4)(B). Said notice shall clearly outline the exception to the automatic stay under § 362(b)(22).

(d) Objection by Lessor. If the debtor complies with the requirements of § 362(l)(2) and files the Statement About Payment of an Eviction Judgment Against You (Official Form 101(B)), the lessor shall have the option, exercisable no later than fourteen (14) days after the service of the Statement About Payment of an Eviction Judgment Against You (Official Form 101(B)) upon the lessor, to file an objection to the debtor's certification(s). The filing of an objection shall constitute a request for hearing.