INDIVIDUAL DEBTORS GUIDE TO JUDGMENTS OF EVICTION
Steps to Take if You Rent Your Residence, Your Landlord has
Obtained a Judgment of Eviction Against You, and You Want to Stay in Your
Residence After You File Your Bankruptcy Case—Official Forms 101A and 101B
The information in this Guide is for Individual Debtors who:
(i) are representing themselves or who are represented by an attorney in a bankruptcy case in the United States Bankruptcy Court for the District of Connecticut;
(ii) had a Judgment of Eviction enter against them before their bankruptcy case is filed; and
(iii) want to stay in their residence after the bankruptcy case is filed.
The Guide is intended to explain how to complete and comply with the requirements of Official Forms 101A and 101B. The information in this Guide is not a substitute for legal advice from an experienced attorney, does not constitute legal advice, and may not be cited as legal authority. The information in this Guide does not replace the provisions and requirements of the United States Bankruptcy Code, 11 U.S.C. §§ 101-1532, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, the Federal Rules of Bankruptcy Procedure, the Local Rules of the United States District Court for the District of Connecticut, the Local Rules of Bankruptcy Procedure for the United States Bankruptcy Court for the District of Connecticut.
In 2005, many sections of the Bankruptcy Code were amended as part of the Bankruptcy Abuse and Prevention and Consumer Protection Act passed by Congress (“BAPCPA”). Section 362 of the Bankruptcy Code, which provides for an automatic stay when a bankruptcy case is filed, was one of the sections that was amended. Section 362(b)(22) was added to Section 362 and provides that there is no automatic stay of a Judgment of Eviction obtained by a Landlord against an Individual Debtor before a bankruptcy case is filed.
Although Section 362(b)(22) provides that there is no automatic stay of a Judgment of Eviction, if an Individual Debtor takes very specific steps when the bankruptcy case is filed, Section 362(l) provides that an Individual Debtor may be able to obtain an automatic stay of the Judgment of Eviction for the first 30 days of the bankruptcy case. The ability to obtain an automatic stay of the Judgment of Eviction for the first 30 days of the bankruptcy case is referred to in this Guide as Step 1—Completing and Filing Official Form 101A. If within the first 30 days of the bankruptcy case the Individual Debtor takes additional specific steps, Section 362(l) provides that an Individual Debtor may be able to obtain an automatic stay of the Judgment of Eviction beyond the first 30 days of the bankruptcy case. The ability to obtain an automatic stay of the Judgment of Eviction beyond the first 30 days of the bankruptcy case is referred to in this Guide as Step 2—Completing and Filing Official Form 101B.
STEP 1—COMPLETING AND FILING OFFICIAL FORM 101A
Official Form 101A. If you seek to have the automatic stay apply to the Judgment of Eviction for the first 30 days of your bankruptcy case, you must fully and accurately complete and file Official Form 101A WITH YOUR PETITION.
In order to comply with the requirements of Official Form 101A, you must do all of the following:
- On the Voluntary Petition for Individuals, Official Form 101, you must check the “Yes” Box in Question 11 of the Voluntary Petition. You will not be able to correct your response to Question 11 at a later date, so make sure that you have checked the “Yes” box response to Question 11 when you file your Voluntary Petition.
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2. Complete the “Statement About an Eviction Judgment Against You” (Official Form 101A). To be in compliance with Official Form 101A, you must do the following:
- Provide the Landlord’s name and address in the space indicated at the top of Official Form 101A
- Complete the section titled “Certification About Applicable Law and Deposit of Rent.” (Both boxes must be checked off.)
- Sign and date the certification
- Serve a copy of Official Form 101A on your Landlord
Note: Once Official Form 101A is filed, you may not amend it to correct any omissions.
3. Obtain a certified check, cashier’s check or money order made payable to your Landlord for any rent becoming due during the first 30 days of your case. A personal check or cash will not be accepted.
4. File the Voluntary Petition, Official Form 101 and the Statement About an Eviction Judgment Against You, Official Form 101A, and the check representing the rent due during the first 30 days of your case as ONE Petition package with the Clerk’s Office of the United States Bankruptcy Court.
Attention! Official Form 101A and the check representing the rent due during the first 30 days of your case MUST BE submitted WITH THE PETITION. You may not submit these items at different times. In addition, if a response or objection is filed to the Official Form 101A you filed in your case, the Bankruptcy Code requires that a hearing on the Official Form 101A be held within 10 days after the filing of the response or objection.
Note: If you fail to comply with all of the requirements of Step 1—Completing and Filing Official Form 101A, the Bankruptcy Court Clerk’s Office will send you and the Landlord a certified copy of the docket of your case indicating that you did not comply with 11 U.S.C. Section 362 (l) and that the automatic stay does not apply to the Judgment of Eviction against you as provided in 11 U.S.C. Section 362(b)(22).
STEP 2—COMPLETING AND FILING OFFICIAL FORM 101B
Attention! Do not move to Step 2 if you did not comply with Step 1.
Official Form 101B. If you seek to have the automatic stay apply to the Judgment of Eviction beyond the first 30 days of your bankruptcy case, you must fully and accurately complete and file Official Form 101B WITHIN the first 30 days of your bankruptcy case.
In order to comply with the requirements of Official Form 101B, you must do the following:
- Complete the section titled “Certification About Applicable Law and Payment of Eviction Judgment”
- Sign and date the certification
- Serve a copy of Official Form 101B with the payment of eviction judgment on your Landlord
- File Official Form 101B with the Bankruptcy Court within the first 30 days of your bankruptcy case.
Attention! If a response or objection is filed to the Official Form 101B you filed in your case, the Bankruptcy Code requires that a hearing on the Official Form 101B be held within 10 days after the filing of the response or objection.
Note: If you fail to comply with all of the required steps listed above, the Bankruptcy Court Clerk’s Office will send you and the landlord a certified copy of the docket indicating that you did not comply with 11 U.S.C. Section 362 (l) and that the automatic stay does not apply to the Judgment of Eviction against you as provided in 11 U.S.C. Section 362(b)(22).