Understanding Official Form 101A for Eviction Judgments

Understanding the Official Form 101A: Initial Statement About an Eviction Judgment Against You

If you are facing eviction and are considering filing for bankruptcy in the United States, you may need to complete and submit Official Form 101A, titled Initial Statement About an Eviction Judgment Against You. This form is an essential legal document designed to inform the bankruptcy court about any eviction judgments related to your rental residence. Properly filling out and submitting this form can influence your rights and protections during the bankruptcy process.

Who Should Fill Out Form 101A?

This form is specifically for individuals who:

• Rent their residence, and
• Have a landlord who has obtained a judgment for possession (eviction judgment) against them in an eviction or unlawful detainer proceeding.

If both conditions apply, you are required to file this form with the bankruptcy court when you first initiate your bankruptcy case. It is important to note that this form is only relevant if an eviction judgment exists against you and you wish to address it as part of your bankruptcy filings.

How to Complete and File Form 101A

Step 1: Gather Information

Before filling out the form, collect details about your landlord and the eviction judgment, including:

• Landlord’s full name
• Landlord’s address (including street, city, state, ZIP code)
• The case number of the eviction judgment (if available)

Step 2: Fill Out the Form

The form requires you to provide:

• Landlord’s name and address
• Identification of the bankruptcy case (district and case number)
• Certification regarding your rights to stay in your residence under applicable law and whether you have deposited rent
• Signatures of one or both debtors
• Date of signing

Step 3: Certification About Your Rights and Rent Deposit

In the certification section, you must declare whether:

• You have the legal right to remain in your residence by paying the delinquent rent, according to nonbankruptcy law, and
• You have deposited the rent owed for the 30 days following your bankruptcy filing with the court clerk.

Check the appropriate boxes and sign the certification under penalty of perjury.

Step 4: Filing and Serving the Form

Once completed, file the form with the bankruptcy court handling your case. It is also necessary to serve a copy of the form on your landlord. Serving requirements may vary by court; consult the local court’s rules or the court’s website for specific instructions.

Implications of Filing Form 101A

Filing this form can initiate an automatic stay under 11 U.S.C. § 362(a)(3), which temporarily halts eviction proceedings for 30 days after your bankruptcy filing, provided you have checked both certification boxes and served the landlord with the form. This stay can give you additional time to negotiate or resolve your rental situation during bankruptcy.

If you wish to remain in your residence beyond the initial 30-day period, you must pay the full amount of the eviction judgment before the stay expires. To do so, you need to complete and file Official Form 101B, titled Statement About Payment of an Eviction Judgment Against You, before the deadline.

Important Considerations and Additional Resources

It is advisable to review the Federal Rules of Bankruptcy Procedure and your local bankruptcy court’s website for specific filing requirements and procedures. Accurate and timely submission of Form 101A can impact your legal rights and your ability to stay in your rental residence during bankruptcy proceedings.

Always consider consulting with a qualified bankruptcy attorney or legal professional to ensure that your filings are correct and that your rights are protected throughout the process.