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EVICTIONS: Notice Regarding Any Debtor Whose Landlord Has Obtained an Eviction Judgment Against the Debtor

Sunday, May 15, 2016

Under § 362(l)(5)(A) of the Bankruptcy Code (11 U.S.C) a debtor is required to disclose on the petition the existence of any judgment obtained by the debtor’s lessor for possession of residential property in which the debtor resides as a tenant under a lease or rental agreement. Accordingly, even if you do not want to stay in your residence, you are required to complete Form 101A Initial Statement About an Eviction Judgment Against You and attach it to your petition as part of the petition. You should disregard the instruction on Form 101, line 11, to complete Form 101A only if you want to stay in your residence. Whether you want to stay there or not, you are required to complete Form 101A.