Bankruptcy Judge Burton Lifland
Soto’s lease expired Dec. 31, 2011. In its holdover action, state court awarded landlord Tausik Brothers judgment of possession in March 2013. Eviction was stayed until Sept. 4. Instead of vacating, Soto sought Chapter 7 relief on Oct. 1. Under Bankruptcy Code §362(l), she certified there were circumstances under which non-bankruptcy law allowed her to cure the monetary default giving rise to Tausik’s judgment, and that she deposited 30 days’ post-petition rent with the court. Bankruptcy court sustained Tausik’s objections to Soto’s §362(l) certification. Because Tausik’s judgment arose from the expiration of her lease, a non-monetary default, Soto could not properly comply with §362(l)(1)(A). Section 362(l) does not prevent operation of Bankruptcy Code §362(b)(22)—terminating the automatic stay evictions by landlords obtaining prepetition judgment of possession—where judgment of possession is based on a non-monetary default. Nor did Soto properly deposit 30 days’ rent with the clerk of court. Her bank check—§362(l)(1)(B) requires a certified or cashier’s check or money order made payable to the lessor—was refused because it was made payable to the clerk of the court rather than to Tausik as required by Local Rule 4001-1.1.
