[RPPTL LandTen] Eviction Judgment then BK

[Dennis Chen]

Residential Property.

I represent the LL in bankruptcy court after an eviction judgment was
entered. LL attorney obtained judgment for possession and two days later
the tenant filed Chapter 13 bankruptcy.  The tenant filed forms 101A & 101B
with the bankruptcy petition.

Form 101A provides the following certification by the tenant.
**********************************************
I certify under penalty of perjury that:
1. Under the state or other nonbankruptcy law that applies to the judgment
for possession (eviction judgment), I have the right to stay in my
residence by paying my landlord the entire delinquent amount .
2. I have given the bankruptcy court clerk a deposit for the rent that
would be due during the 30 days after I file the Voluntary Petition for
Individual Filing for Bankruptcy (Official Form 101).
**********************************************
Question:  Regarding number 1, I am not aware of any nonbankruptcy law in
Florida that allows a resident to remain in the residence after judgment is
entered.  Is anyone aware of a law that allows the tenant to stay in the
property?  The Mobile Home Act has such a provision, but not chapter 83.

Question:  In number 2, my understanding is that the entire rent due for 1
month has to be paid to the clerk at the time that the petition for
bankruptcy is filed.  Anyone interpret that differently?  Tenant deposited
$20 with clerk and then three weeks later sent a full rent check to the
property manager $1,000.


Dennis A. Chen, Esq.
Chen Law Firm, PA
213 S. Dillard St, Ste. 220E
Winter Garden, Florida 34787
Tel:   (407) 392-1872
dennis at chenlaw.net

Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate
Litigation

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