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362(l) and eviction proceedings

Posted: Wed Mar 15, 2017 9:16 am
by Yahoo Bot

Hello all:My client has a judgment against him for possession of the premises. He just filed his case.362(l) says no stay exists unless the debtor certifies that he may cure the rent in arrears (here, $10,000), and he deposits the next month's rent with the court (here, $5,000).He has 30 days to cure the rent in arrears, or the stay is automatically lifted.Question: if he deposits $5,000, and gets the stay in place, but fails to pay the $10,000 in 30 days, where does the $5,000 go?- John D. Faucher

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