Opinion
Administrative Order No. 2005-06.
November 21, 2005
WHEREAS, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, as codified in 11 U.S.C. §§ 362(b)(22) and 362(l), the following will apply to proceedings to reimpose the automatic stay following a residential eviction against the debtor:
ORDERED, that the debtor shall be deemed to have complied with 11 U.S.C. § 362(l)(1) by:
1. Making the required certification by completing the three check boxes, including the landlord's name and address, listed in the voluntary petition under the section entitled "Statement by a Debtor who Resides as a Tenant of Residential Property"; and
2. Delivering to the Clerk, together with the petition (or within one business day of the filing, if the petition is filed electronically):
A. A cashier's or certified 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, and
B. A copy of the pre-petition judgment of possession
3. If the debtor complies with paragraphs 1 and 2, the Clerk of the Court shall send notice of the compliance to the lessor advising that the lessor may (1) consent to receive the rent payment, (in which event shall provide payment instructions); or (2) object to receiving the rent payment.
4. The lessor shall have ten days from the date of service of the Court's notice to file any objection under 11 U.S.C. § 362(l)(3)(A). Failure to timely file an objection will be deemed the lessor's consent to receive debtor's rent payment, and the Court will transmit debtor's rent payment to the lessor at the address set forth in the debtor's certification. If lessor files a timely objection and serves such objection upon the debtor, the Court will schedule a hearing within ten days of the filing and service of same.