6-29/108.72 Residential Property Eviction



An eviction proceeding to evict a debtor who is a residential tenant is excepted from the automatic stay and may continue if the lessor (landlord) has obtained a judgment prior to the filing of the petition. However, the automatic stay will apply for 30 days after the petition if (1) the debtor certifies in the petition a right to cure a default and (2) the debtor deposits with the bankruptcy court any rent that would become due during the 30 days after the filing of the petition. The automatic stay may be extended if the debtor files a further certification within 30 days after the petition that the debtor has cured the default and the court finds the landlord’s certification to be untrue. (11 USC 362(b)(22))