Bankruptcy Reform - Section 311
Section 311: Eviction: Automatic Stay #2 11 USC 362
Limitations:
The debtor has to either certify (under penalty of perjury):
" that there are circumstances under which the debtor would be permitted to
cure the entire monetary default...; and
" the debtor (or adult dependent of the debtor) has deposited with the clerk of
the court, any rent that would become due during the 30-day period after the
filing of the bankruptcy petition.
There are strict time limits and if the lessor objects a hearing will be held within
ten days. If the objection is upheld, no motion for relief is required, possession
can BE IMMEDIATE.
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