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Evictions and Rent Deposits

Debtors with an Eviction Judgment Against Them

If you rent your residence and your landlord has obtained an eviction judgment or a judgment for summary possession, the automatic stay that generally applies upon the filing of a bankruptcy petition may not apply. If you wish to stay in your residence for 30 days after filing the petition, you must complete and file Official Form 101A, Initial Statement About an Eviction Judgment Against You with your bankruptcy petition. 

On Form 101A, you will need to certify that there are circumstances under nonbankruptcy law that would permit you to cure the monetary default that resulted in the eviction judgment. You also must certify that you have given the bankruptcy clerk a deposit for the rent that would be due for the next 30 days after filning the petition. The rent money deposited with the clerk must be made with a money order or certified or cashier's check payable to the landlord.

For more procedural information and the required forms, click here.