Local Rule 4002-3: Automatic Stay - Rental Deposits
Bankr. W.D. Va. — General rule
LOCAL RULE 4002-3 Automatic Stay - Rental Deposits A. Form of Payment: Any deposit of rent made by or on behalf of a debtor, pursuant to 11 U.S.C. §362(l)(1)(B), 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 with the filing of the petition and certification made pursuant to 11 U.S.C. §362(l)(1)(A), along with a copy of the Writ of Possession or similar proceeding against a debtor.
B. Duties of the Clerk: Upon receipt of a certified check or money order payable to the lessor, the clerk shall log the check or money order and send notice to the lessor setting forth his options to consent to receive the payment or object to the debtor's certification.
C. Duties of the Lessor: Within fourteen (14) days of the date of the clerk's notice the lessor must either consent to receive the payment tendered by the debtor(s) or object to the debtor's certification. Failure to respond timely will signify acceptance of the debtor's certification and the clerk is to forward tendered payment to the lessor.
CODIFIES STANDING ORDER #7