If your landlord already has an eviction judgment for possession against you and you are filing personal bankruptcy, you must file Official Form 101A with your bankruptcy petition to even have a chance at pausing the eviction. The form is short, but it is one of the most consequence-heavy attachments in a consumer bankruptcy because it controls whether the automatic stay under 11 U.S.C. § 362 protects your home for 30 days, longer, or not at all.
The problem Form 101A solves is created by 11 U.S.C. § 362(b)(22) and § 362(l), enacted in the 2005 BAPCPA amendments. These provisions strip the automatic stay from any landlord who already holds a pre-petition judgment for possession, unless the debtor takes specific, time-sensitive steps inside Form 101A and its companion Form 101B. Miss a box, miss the 30-day rent deposit, or miss the certification, and the sheriff can lock you out while your case is still pending.
According to the Administrative Office of the U.S. Courts, more than 494,000 non-business bankruptcy cases were filed in the 12 months ending December 2025, and the National Low Income Housing Coalition estimates roughly 7.6 million U.S. households face an eviction filing each year, making 101A one of the most-needed attachments in consumer bankruptcy.
Here is what you will learn:
- 📝 How to fill out every line of Form 101A without triggering an automatic dismissal of your stay
- ⚖️ The exact federal statutes, rules, and rulings that govern the eviction-judgment exception
- 💰 How the 30-day rent deposit works and where to send the money
- 🚫 The seven most common mistakes that cause tenants to lose their homes mid-bankruptcy
- 🧭 State-by-state nuances for California, New York, Texas, Florida, and Illinois filers
What Form 101A Actually Is
Official Form 101A, titled the Initial Statement About an Eviction Judgment Against the Debtor, is a one-page attachment to the main Voluntary Petition for Individuals (Form 101). It is required under Federal Rule of Bankruptcy Procedure 1007 whenever a residential landlord has obtained a judgment for possession before the bankruptcy filing.
The form exists because Congress, in BAPCPA § 311, wanted to stop debtors from using bankruptcy to indefinitely delay lawful evictions. The plain-English explanation is that the automatic stay, which normally freezes nearly all collection activity, does not freeze a residential eviction once a court has already ordered possession. The consequence of ignoring this is severe: the landlord can continue the eviction without ever asking the bankruptcy court for relief from stay.
A real-world example helps. Maria Lopez, a tenant in Las Vegas, files Chapter 7 the day after her landlord wins an unlawful detainer judgment in Nevada Justice Court. If Maria does not check the right boxes on Form 101A and deposit one month’s rent with the clerk, the sheriff can complete her lockout within days, even though her bankruptcy case is open.
A common misconception is that filing any bankruptcy paperwork halts an eviction. That is false. Only a properly completed Form 101A combined with a timely Form 101B and the rent deposit can preserve the stay against an eviction judgment.
Who Must File Form 101A
Any individual debtor who answers “Yes” to the eviction-judgment question on Part 9 of Form 101 must file 101A. This includes Chapter 7, Chapter 11 (including Subchapter V for individuals running a small business), Chapter 12, and Chapter 13 debtors.
The trigger is not the type of bankruptcy. It is the existence of a pre-petition judgment for possession of the residence in which the debtor lives. The consequence of skipping the form when required is that the § 362(b)(22) exception automatically activates, leaving the tenant with no stay protection.
For example, David Kim, a Subchapter V small-business debtor in Seattle, lives in a leased apartment where the landlord won a Washington unlawful detainer judgment two weeks before filing. David must still file 101A even though his bankruptcy is mostly about his bakery’s debts.
A common misconception is that commercial leases trigger 101A. They do not. The form applies only to residential property where the debtor “resides,” per the statute’s plain text in § 362(b)(22).
When the Form Is Not Required
If no judgment for possession exists on the petition date, you skip 101A entirely. Pending eviction lawsuits without a final judgment do not require the form, because the full automatic stay still applies to those.
The plain-English rule is simple: no judgment, no 101A. The consequence of filing 101A unnecessarily is minor confusion, but the consequence of filing it when a judgment exists and getting it wrong is loss of your home.
For example, Aisha Bello, a tenant in Atlanta, filed Chapter 13 the morning of her Georgia dispossessory hearing. Because no judgment had been entered yet, she did not need 101A, and the stay automatically blocked the hearing.
A common misconception is that a default judgment is somehow different. It is not. Any judgment for possession, whether contested, default, stipulated, or by jury, triggers the 101A requirement.
The Statutory Framework Behind 101A
Form 101A implements three layers of federal law: 11 U.S.C. § 362(b)(22), 11 U.S.C. § 362(l), and Federal Rule of Bankruptcy Procedure 1007(b)(7). Each layer adds a different requirement, and missing any one of them collapses the protection.
Section 362(b)(22) creates the exception itself, removing the stay against landlords with pre-petition possession judgments. Section 362(l) creates the cure pathway, allowing tenants to keep the stay if their state law permits cure of the judgment after entry and they deposit one month of rent. Rule 1007(b)(7) imposes the procedural duty to actually file Forms 101A and 101B.
The plain-English explanation is that Congress built a narrow rescue lane for tenants whose state allows post-judgment cure, such as California Code of Civil Procedure § 1179 and New York RPAPL § 749. The consequence of being in a non-cure state, like Texas under Property Code Chapter 24, is that 101A’s box about cure rights cannot be truthfully checked, and the stay exception applies in full force.
For example, James O’Connor, a tenant in Houston, learns the hard way that Texas forcible detainer judgments are generally not curable post-judgment, so checking the cure box would be perjury under 18 U.S.C. § 152. A common misconception is that all states allow post-judgment cure. They do not, and tenants must verify their state’s law before checking that box.
Key Court Rulings to Know
Several published opinions shape how judges read 101A. In In re Alberts, 381 B.R. 171 (Bankr. W.D. Pa. 2008), the court held that strict compliance with § 362(l) is required, and a missing rent deposit voids the stay. In In re Harris, 424 B.R. 44 (Bankr. E.D.N.Y. 2010), the court read New York’s cure statute generously to protect a tenant who timely deposited rent.
The plain-English takeaway is that judges enforce 101A’s checkboxes literally. The consequence of an incomplete form is dispositive, even when the underlying facts favor the tenant.
For example, Patricia Nguyen, a Pittsburgh tenant relying on the Alberts ruling, made sure to wire her deposit to the clerk on day one. A common misconception is that judges will overlook small errors. After Alberts, most courts in the Third Circuit will not.
Line-By-Line: How to Fill Out Form 101A
The form has four substantive parts plus a signature block. Each part maps to a specific statutory question, and each must be answered truthfully under penalty of perjury per 28 U.S.C. § 1746. The form itself is published by the Judicial Conference’s Advisory Committee and is current as of the December 2015 revision still in force in 2026.
Caption: Debtor and Case Information
At the top, fill in your full legal name exactly as it appears on Form 101, your spouse’s name if filing jointly, the U.S. Bankruptcy Court district where you are filing, and your case number if already assigned. New filers leave the case number blank because the clerk assigns it at intake.
The plain-English rule is that the caption must match Form 101 to the letter. The consequence of mismatched names is that the clerk may reject the filing, costing you a day during which the sheriff could enforce the eviction.
For example, Robert Jenkins-Smith must use the hyphenated last name on every form because his lease and the eviction judgment use that exact name. A common misconception is that nicknames or abbreviated names are acceptable. They are not, because the PACER docket indexes by exact legal name.
Box 1: Landlord’s Name and Address
Provide the landlord’s full legal name (individual or business entity) and the complete mailing address used in the eviction case. Use the address from the underlying state-court complaint, not the property address, unless the landlord is self-represented and lives at the rental.
The plain-English rule is that the landlord must receive notice through their litigation address. The consequence of a wrong address under Federal Rule of Bankruptcy Procedure 2002 is defective service, which can void the very protection 101A creates.
For example, Linda Chen lists “Sunset Property Management LLC” with its registered agent address from the California Secretary of State records. A common misconception is that the property manager’s name suffices when the deed owner is a different LLC. Use the entity that actually appears as plaintiff in the eviction case.
Box 2: Certification of State Cure Rights
This is the most important checkbox. You certify that under “the law of the state in which the judgment was entered, 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 the judgment for possession was entered.”
The plain-English meaning is that your state must allow you to pay back the rent owed and stop the eviction even after the judgment. The consequence of falsely checking this box is dismissal of the certification under § 362(l)(3) and possible perjury exposure.
For example, Kevin Johnson in Brooklyn checks the box because New York RPAPL § 749(3) lets tenants vacate possession judgments by paying all arrears within set windows. A common misconception is that mere “redemption” laws qualify. They generally do, but tenants in states like Arkansas should consult counsel because cure rights are limited.
Box 3: Rent Deposit Certification
You must certify that you have deposited with the bankruptcy court clerk an amount equal to any rent that would become due during the 30 days after filing. The deposit must be by certified or cashier’s check, payable to the Clerk, U.S. Bankruptcy Court, unless the local court accepts other forms.
The plain-English rule is “money up front, or no stay.” The consequence of failing to deposit is that § 362(l)(1)(B) is not satisfied and the landlord can file a sworn certification under § 362(l)(2) to terminate the stay 15 days later automatically.
For example, Sofia Martinez deposits $1,850 with the Bankruptcy Court for the Central District of California on the same day she files her petition because her rent is $1,850. A common misconception is that you can pay the landlord directly. You cannot. The deposit must go to the clerk per the statute’s plain language.
Signature and Verification
Sign and date the form personally. If filing jointly, both spouses must sign. Electronic signatures are allowed for attorneys filing through CM/ECF, but pro se filers must usually sign in ink and bring the form to the clerk.
The plain-English rule is that the signature converts the form from paper into a sworn legal certification. The consequence of an unsigned 101A is that the clerk treats it as not filed, and the § 362(b)(22) exception kicks in immediately.
For example, Michael and Rachel Stein, joint filers in Chicago, both sign the form before scanning it for their attorney to upload through the Northern District of Illinois CM/ECF system. A common misconception is that one spouse can sign for both. They cannot, because the verification is personal under 28 U.S.C. § 1746.
The 30-Day Deposit and Form 101B
Form 101A is only step one. Within 30 days after filing, the debtor must file Form 101B certifying that the entire monetary default in the eviction judgment has been cured. This is the second statutory hurdle in § 362(l)(2).
The plain-English meaning is that you have 30 days to pay every penny the eviction judgment said you owed, including back rent, fees, and costs. The consequence of failing to file 101B and complete the cure is that the stay terminates by operation of law on day 31, regardless of whether the landlord even objects.
For example, Carlos Rivera, a San Diego tenant, owed $4,200 in back rent under a California unlawful detainer judgment. He used a 403(b) hardship loan to cure within the 30-day window and filed 101B on day 28.
A common misconception is that the 30-day rent deposit on 101A is the cure. It is not. The deposit only buys you the 30 days to come up with the full cure amount, which is usually much larger.
Calculating the Deposit Amount
Look at your written lease, divide the monthly rent into the relevant period, and write that figure on Box 3. If you pay weekly or bi-weekly, multiply to estimate one month. If you have late fees built into rent, include them only if your lease defines them as “rent.”
The plain-English rule is to use the contractual monthly rent figure. The consequence of underestimating is a defective deposit, which the landlord can challenge under § 362(l)(3)(A).
For example, Hannah Park in Honolulu pays $2,400 monthly under her lease, so she deposits $2,400 even though only 22 days remain in the rental month. A common misconception is that you pro-rate. You do not, because the statute uses “rent that would become due during the 30-day period.”
Where the Deposit Goes
Each district publishes deposit instructions through its clerk’s office. Most accept cashier’s checks, money orders, or attorney trust account checks. The clerk holds the funds in a court registry investment account and disburses based on the outcome.
The plain-English flow is: tenant deposits, clerk holds, landlord petitions for release, judge decides. The consequence of paying the landlord directly instead of the clerk is that the deposit does not count for § 362(l) purposes.
For example, Tariq Ahmed in Newark obtained a cashier’s check from his credit union, brought it to the District of New Jersey clerk’s intake window, and received a stamped receipt. A common misconception is that wire transfers work everywhere. Many districts still require paper instruments.
Three Most Common Filing Scenarios
Below are the three scenarios that account for most 101A filings, based on dockets reviewed across the Administrative Office’s PACER system.
Scenario A: Curable State, Tenant Has Funds
| Filing Step | Outcome for the Tenant |
|---|---|
| Tenant checks Box 2 truthfully under California CCP § 1179 | Stay continues for the initial 30 days |
| Tenant deposits one month rent with clerk | Box 3 satisfied, landlord cannot lock out |
| Tenant cures full judgment within 30 days and files 101B | Stay continues throughout the bankruptcy case |
Scenario B: Curable State, Tenant Cannot Cure Fully
| Filing Step | Outcome for the Tenant |
|---|---|
| Tenant checks Box 2 truthfully and deposits one month rent | Stay covers the first 30 days |
| Tenant fails to file 101B with full cure within 30 days | Stay terminates automatically on day 31 under § 362(l)(2) |
| Landlord resumes eviction in state court | Sheriff lockout proceeds without further bankruptcy court action |
Scenario C: Non-Curable State
| Filing Step | Outcome for the Tenant |
|---|---|
| Tenant cannot truthfully check Box 2 because Texas Property Code Ch. 24 lacks post-judgment cure | Tenant leaves Box 2 unchecked |
| Stay exception under § 362(b)(22) applies immediately on filing | Landlord may continue eviction without seeking relief |
| Tenant may file motion under § 362(d) only with extraordinary cause | Court rarely grants in non-curable states |
Concrete Examples With Named Debtors
Jasmine Williams in Detroit, Michigan filed Chapter 7 the day after a 36th District Court judgment for possession. She checked Box 2 because Michigan MCL 600.5744 allows post-judgment redemption, deposited her $1,100 rent with the clerk, and worked with Lakeshore Legal Aid to cure the full $5,400 judgment within 28 days, preserving her stay through discharge.
Marcus Thompson in Phoenix, Arizona filed Chapter 13 facing a forcible entry and detainer judgment. He could not truthfully certify cure rights because Arizona’s post-judgment cure window had already passed, so he left Box 2 unchecked and instead negotiated a new lease through his Chapter 13 plan with the landlord’s consent.
Elena Rossi in Boston, Massachusetts co-filed Chapter 7 with her spouse after a Massachusetts Housing Court summary process judgment. Both signed 101A, she deposited $2,750, and they cured within 30 days using a § 522(d)(11) exempt tax refund, keeping their two-bedroom apartment intact.
Mistakes to Avoid
Avoid these seven errors that recur in reported 101A cases:
- Checking Box 2 in a non-cure state, which exposes the debtor to a perjury charge under 18 U.S.C. § 1621 and triggers immediate stay termination.
- Paying the rent deposit directly to the landlord instead of the clerk, which fails the explicit text of § 362(l)(1)(B) and voids the protection.
- Forgetting Form 101B within 30 days, which causes automatic stay termination on day 31 even if the tenant has actually paid the cure.
- Listing the property manager rather than the legal landlord, leading to defective notice under Bankruptcy Rule 2002 and potential dismissal of the certification.
- Underestimating the deposit by pro-rating, which the landlord can challenge under § 362(l)(3) at a 10-day hearing.
- Filing 101A when no judgment yet exists, which confuses the docket and may waive arguments about the full stay applying.
- Skipping the second spouse’s signature on a joint filing, which the clerk can treat as an unsigned filing requiring re-execution.
Do’s and Don’ts for Tenants
Do verify your state’s cure law before checking Box 2, using primary sources like state code databases on Cornell LII because honest certifications are the backbone of the entire § 362(l) framework.
Do obtain a certified copy of the eviction judgment from the state court clerk, since attaching it to your bankruptcy filing speeds up landlord verification and reduces challenge motions.
Do deposit the rent the same day you file your petition, because late deposits are treated as no deposit under In re Alberts and similar rulings.
Do calendar the 30-day Form 101B deadline, because the deadline is jurisdictional and missing it terminates the stay automatically without any court order.
Do consult a Legal Services Corporation or local bankruptcy clinic before filing, because many tenants qualify for free help and small mistakes are catastrophic.
Don’t rely on the landlord’s verbal promise to halt the eviction, because § 362(b)(22) operates by statute and requires written cure under § 362(l).
Don’t assume your attorney can file the deposit through their trust account in every district, because some clerks require the debtor’s own check.
Don’t sign Form 101A in advance and let someone else fill in the boxes, because the verification is for the boxes as completed at signing.
Don’t ignore the state-court eviction docket after filing, because parallel deadlines such as appeal windows keep running.
Don’t mix up Form 101A with Form 101 or Form 101B, because they are three separate filings with three separate deadlines.
Pros and Cons of Filing Form 101A Strategy
Pros include preserving the automatic stay for at least 30 days, gaining time to organize a cure, signaling good faith to the bankruptcy judge, allowing access to Chapter 13 plan treatment of arrears, and creating a documented record for any future stay-relief litigation.
Cons include the requirement to come up with cash quickly for the deposit, exposure to perjury risk if the cure-state certification is wrong, the cost of filing fees plus credit counseling, the public record of the eviction judgment on PACER, and the 30-day pressure cooker that often pushes tenants into rushed decisions.
State-Specific Nuances
California
California Code of Civil Procedure § 1179 authorizes post-judgment relief from forfeiture, which most California bankruptcy judges accept as a cure right that justifies checking Box 2. The plain-English rule is that California tenants generally can certify cure rights truthfully.
The consequence of misusing this is a § 362(l)(3) objection from the landlord, leading to a 10-day evidentiary hearing in California’s bankruptcy courts. For example, Yolanda Garcia in Fresno preserved her tenancy after filing 101A and curing within 30 days using a GoFundMe campaign, supported by the local Fresno Madera Continuum of Care.
A common misconception is that California’s COVID-era tenant protections still apply. They have largely expired, and 101A is once again the controlling federal mechanism.
New York
RPAPL § 749(3) gives New York tenants the right to seek vacatur of warrant of eviction by paying arrears, supporting a Box 2 certification. The plain-English consequence is that most New York City tenants can use 101A effectively.
For example, Anthony Russo in the Bronx cured a $7,300 arrears judgment within 30 days using a one-shot deal from the NYC Human Resources Administration. A common misconception is that Housing Court holdover proceedings always allow cure. They often do not when based on lease violations rather than nonpayment.
Texas
Texas Property Code Chapter 24 does not generally allow post-judgment cure of forcible detainer judgments, so most Texas tenants cannot truthfully check Box 2. The consequence is that the § 362(b)(22) exception applies in full and the bankruptcy filing rarely stops a Texas eviction.
For example, Brian Hayes in Austin learned that even after filing Chapter 7, the Travis County constable could complete the eviction. A common misconception is that the Texas Tenants’ Union can intervene in bankruptcy court. They cannot file the certification for you.
Florida
Florida Statute § 83.232 requires tenants to deposit rent into the court registry just to contest the eviction, and post-judgment cure rights are narrow. The consequence is that Florida 101A filings carry higher rejection rates.
For example, Diane Carter in Orlando used Three Rivers Legal Services to coordinate her 101A filing alongside an emergency motion under § 362(d). A common misconception is that the prior state-court registry deposit counts toward the federal deposit. It does not, because the funds are held by different clerks.
Illinois
735 ILCS 5/9-110 authorizes Illinois courts to stay an eviction order on payment of rent due, supporting a 101A cure certification. The plain-English consequence is that most Cook County tenants can use 101A meaningfully.
For example, Olivia Brooks in Chicago paired her 101A with a CARPLS consultation. A common misconception is that the Cook County Sheriff’s eviction moratoriums substitute for federal stay protection. They do not.
Recap of Key Court Rulings
In re Alberts, 381 B.R. 171 (Bankr. W.D. Pa. 2008) requires strict compliance with § 362(l) and treats missing deposits as fatal. The plain-English takeaway is no deposit, no stay.
In re Harris, 424 B.R. 44 (Bankr. E.D.N.Y. 2010) liberally read New York cure rights for tenants who deposited timely, modeling the pro-tenant outcome possible when 101A is done right. In re Griggsby and similar opinions from the Bankruptcy Appellate Panels confirm that the 30-day clock under § 362(l)(2) is jurisdictional, not flexible.
The consequence of these rulings is that judges nationwide enforce 101A’s mechanics literally. A common misconception is that equity arguments can save a defective filing. They generally cannot, because the statute itself forecloses discretion.
FAQs
Is Form 101A required in every consumer bankruptcy?
No. It is required only when an individual debtor faces a pre-petition residential eviction judgment for possession, per Federal Rule of Bankruptcy Procedure 1007(b)(7).
Does filing Form 101A automatically stop my eviction?
No. Filing 101A is necessary but not sufficient; you must also deposit one month of rent and cure the full judgment within 30 days under 11 U.S.C. § 362(l).
Can my attorney sign Form 101A for me?
No. The verification is personal under 28 U.S.C. § 1746, and pro se debtors and represented debtors alike must sign personally.
Is the rent deposit refundable if I lose my apartment anyway?
Yes. Funds in the court registry are returned or paid to the proper party based on the court’s order under § 362(l)(4).
Does Chapter 13 give me more time to cure than Chapter 7?
No. The 30-day cure window in § 362(l)(2) is identical regardless of chapter, although Chapter 13 plans may treat ongoing rent differently.
Can I file Form 101A after my bankruptcy petition is already filed?
Yes. Late filing is permitted briefly under Bankruptcy Rule 1007(c), but every day of delay after a judgment is a day the landlord can act.
Does Form 101A apply to commercial leases?
No. It applies only to residential property where the debtor resides under § 362(b)(22).
Is the deposit amount the same as my full back rent?
No. The deposit equals only one month’s rent that would come due in the next 30 days, not the entire judgment amount, per § 362(l)(1).
Can the landlord still take the security deposit during my bankruptcy?
Yes. Security deposits are governed by state law and the § 362(b)(22) exception, so landlords often offset deposits without violating the stay.
Will Form 101A appear on my credit report?
No. Bankruptcy itself appears on credit reports under the Fair Credit Reporting Act, but the individual 101A attachment is not separately reported.
Does filing Form 101A waive my state-court appeal rights?
No. State-court appeal rights run independently, but appellate deadlines continue and you must protect them separately.
Can a landlord challenge my 101A certification?
Yes. Under § 362(l)(3)(A), the landlord can file a sworn objection within 15 days, triggering a 10-day evidentiary hearing.
Related reading
- How to Fill Out U.S. Courts Form 101 (w/Examples) + FAQs
- How to Fill Out U.S. Courts Form 101B (w/Examples) + FAQs
- How to Fill Out U.S. Courts Form 106D (w/Examples) + FAQs
- How to Fill Out U.S. Courts Form 106G (w/Examples) + FAQs
- How to Fill Out U.S. Courts Form 108 (w/Examples) + FAQs
- How to Fill Out California Form UD-101 (w/Examples) + FAQs
- How to Fill Out U.S. Courts Form 106Sum (w/Examples) + FAQs