UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF OHIO In re DEBTORS ASSERTING AN EXCEPTION TO THE LIMITATION OF THE AUTOMATIC STAY UNDER 11 U.S.C. §362(l) AND PROCEDURE FOR RECEIVING RENT DEPOSITS ORDER ) ) ) ) ) GENERAL ORDER 05-7
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 amended the automatic stay provisions of 11 U.S.C. §362, with respect to actions to recover possession of residential leasehold property occupied by a debtor, with the enactment of 11 U.S.C. §362(l). IT IS ORDERED that the following procedures shall govern the deposit of rent by debtors and transmittal of rent to lessors under 11 U.S.C. §362(l)(1)(B) and 11 U.S.C. §362(l)(5)(D). 1. The debtor shall file the certification made under 11 U.S.C. §362(l)(1)(A) and a copy of the judgment for possession of the leasehold together with the petition. Any deposit of rent (“rent payment”) made by or on behalf of a debtor, pursuant to 11 U.S.C. §362(l)(1)(B), shall be in the form of a certified or cashier’s check or money order payable to the order of the Clerk, U.S. Bankruptcy Court. a. If the petition is filed on paper over the counter, the rent payment shall be submitted at the time of the filing of the petition. b. If the petition is filed through electronic means established by the court, the rent payment shall be submitted over the counter no later than the close of business on the next business day. Upon the receipt of the rent payment, the Clerk shall deposit the rent payment according to established financial procedures, and contact the chambers of the assigned Judge for the issuance of an order (“court order”) directing the Clerk to arrange for the prompt transmittal of a check, in the amount of the rent payment, to the lessor. Upon the issuance of the court order, the Clerk shall obtain the lessor’s Social Security Number or Employer Identification Number, then complete a payment voucher in FAS4T requesting the district court clerk to issue a check payable to the lessor at the address listed on the petition.
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Dated: November 18, 2005
/s/ Randolph Baxter Randolph Baxter Chief Judge, United States Bankruptcy Court
/s/ Russ Kendig Russ Kendig United States Bankruptcy Judge
/s/ Richard L. Speer Richard L. Speer United States Bankruptcy Judge
/s/ Mary Ann Whipple Mary Ann Whipple United States Bankruptcy Judge
/s/ Marilyn Shea-Stonum Marilyn Shea-Stonum United States Bankruptcy Judge
/s/ Arthur I. Harris Arthur I. Harris United States Bankruptcy Judge
/s/ Pat E. Morgenstern-Clarren Pat E. Morgenstern-Clarren United States Bankruptcy Judge
/s/ Kay Woods Kay Woods United States Bankruptcy Judge