<div dir="ltr">Residential Property.<br><div><br>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.<br><br></div><div>Form 101A provides the following certification by the tenant.<br>**********************************************<br></div><div>I certify under penalty of perjury that:<br></div><div>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 .<br></div><div><div><div class="gmail_extra">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).<br>**********************************************<br clear="all"></div><div class="gmail_extra"><div><div class="gmail_signature" data-smartmail="gmail_signature"><div dir="ltr"><div><div dir="ltr"><div><div dir="ltr"><div><div dir="ltr"><div><div dir="ltr"><div>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.<br></div><div><br></div><div>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.<br></div><div><br><br>Dennis A. Chen, Esq.<br>Chen Law Firm, PA<br>213 S. Dillard St, Ste. 220E<br>Winter Garden, Florida 34787<br>Tel: (407) 392-1872<br><a href="mailto:dennis@chenlaw.net" target="_blank">dennis@chenlaw.net</a><br><br><span>Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation<br>
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