Rev. 05/01/19 

EVICTION JUDGMENT
(101A & 101B)

Overview:

There is an exception to the automatic stay with respect to residential rental property if: (1) the Debtor indicates on the Petition the existence of a judgment of eviction (along with the name and address of the lessor); (2) the Debtor files a certification (form 101A) that the debtor is permitted to cure the default under applicable law; and (3) the Debtor deposits the next 30 days’ rent. If the Debtor does the foregoing, there is a 30 day stay on eviction proceedings. Within this next 30 days, the Debtor must file another certification (form 101B) stating: (1) that applicable law permits the Debtor to remain on the property by paying any delinquent amount; and (2) the entire delinquent amount has been paid. The lessor has the right to object to the Debtor’s certifications (forms 101A and/or B), in which case a hearing must be set for within 10 days. If the lessor’s objection is upheld, the Clerk must immediately serve a certified copy of the court’s order. If a Debtor indicates there is a judgment of eviction on the Petition, but fails to timely file either form 101A or 101B, the Clerk must immediately serve a certified copy of the docket indicating the absence of a filed certification and the applicability of the exception to the stay on the lessor and Debtor.

Codes, Rules and Forms:
 

CM/ECF Event(s):

            Miscellaneous, Initial Statement of Eviction Judgement (101A) 
            Miscellaneous, Statement About Payment of an Eviction Judgment (101B)