Page:United States Statutes at Large Volume 119.djvu/104

 119 STAT. 86

Applicability.

Deadline.

Deadline. Applicability.

PUBLIC LAW 109–8—APR. 20, 2005 ‘‘(i) whether a judgment for possession of residential rental housing in which the debtor resides has been obtained against the debtor before the date of the filing of the petition; and ‘‘(ii) whether the debtor is claiming under paragraph (1) that under nonbankruptcy law applicable in the jurisdiction, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after that judgment of possession was entered, and has made the appropriate deposit with the court. ‘‘(C) The standard forms (electronic and otherwise) used in a bankruptcy proceeding shall be amended to reflect the requirements of this subsection. ‘‘(D) The clerk of the court shall arrange for the prompt transmittal of the rent deposited in accordance with paragraph (1)(B) to the lessor. ‘‘(m)(1) Except as otherwise provided in this subsection, subsection (b)(23) shall apply on the date that is 15 days after the date on which the lessor files and serves a certification described in subsection (b)(23). ‘‘(2)(A) If the debtor files with the court an objection to the truth or legal sufficiency of the certification described in subsection (b)(23) and serves such objection upon the lessor, subsection (b)(23) shall not apply, unless ordered to apply by the court under this subsection. ‘‘(B) If the debtor files and serves the objection under subparagraph (A), the court shall hold a hearing within 10 days after the filing and service of such objection to determine if the situation giving rise to the lessor’s certification under paragraph (1) existed or has been remedied. ‘‘(C) If the debtor can demonstrate to the satisfaction of the court that the situation giving rise to the lessor’s certification under paragraph (1) did not exist or has been remedied, the stay provided under subsection (a)(3) shall remain in effect until the termination of the stay under this section. ‘‘(D) If the debtor cannot demonstrate to the satisfaction of the court that the situation giving rise to the lessor’s certification under paragraph (1) did not exist or has been remedied— ‘‘(i) relief from the stay provided under subsection (a)(3) shall not be required to enable the lessor to proceed with the eviction; and ‘‘(ii) the clerk of the court shall immediately serve upon the lessor and the debtor a certified copy of the court’s order upholding the lessor’s certification. ‘‘(3) If the debtor fails to file, within 15 days, an objection under paragraph (2)(A)— ‘‘(A) subsection (b)(23) shall apply immediately upon such failure and relief from the stay provided under subsection (a)(3) shall not be required to enable the lessor to complete the process to recover full possession of the property; and ‘‘(B) the clerk of the court shall immediately serve upon the lessor and the debtor a certified copy of the docket indicating such failure.’’. SEC.

312.

EXTENSION OF CHARGES.

PERIOD

BETWEEN

BANKRUPTCY

DIS-

Title 11, United States Code, is amended—

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