Patrice A. Goldston

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
PATRICE A. GOLDSTON,
Debtor.
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Case No. 07-00657
(Chapter 7)
MEMORANDUM DECISION AND ORDER DISMISSING REQUEST FOR SECTION
362(l)(4) CERTIFICATION AS UNNECESSARY AND CONFIRMING THAT: (1)
THE DEBTOR HAS FAILED TO INVOKE THE PROTECTIONS OF 11 U.S.C. §
362(l); AND (2) THE EXCEPTION TO THE AUTOMATIC STAY OF §
362(b)(22) APPLIES TO THE EXTENT A LESSOR OBTAINED A PRE-PETITION
JUDGMENT FOR POSSESSION OF THE RESIDENTIAL PROPERTY IN WHICH THE
DEBTOR RESIDES AS A TENANT UNDER A LEASE OR RENTAL AGREEMENT
On December 4, 2007, the debtor filed a voluntary petition,
leaving blank the section of the petition captioned “Statement by
a Debtor Who Resides as a Tenant of Residential Property,” which
directs the debtor to indicate which, if any, of the following
are applicable:
C 	Landlord has a judgment against the debtor for
possession of debtor’s residence.
C 	Debtor claims that under applicable nonbankruptcy
law, 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, and filing of the petition.
C 	Debtor has included in this petition the deposit
The Memorandum Decision and Order below is hereby
signed. It is not intended for publication in
West's Bankruptcy Reporter. Dated: January 23,
2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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with the court of any rent that would become due
during the 30-day period after the filing of the
petition.
C 	Debtor certifies that he/she has served the
Landlord with this certification. (11 U.S.C. §
362(l)).
On January 7, 2008, Garfield Hills Apartments, the debtor’s
landlord, filed a Request for 11 U.S.C. § 362(l)(4)
Certification, advising the court that, contrary to the debtor’s
petition, the debtor’s landlord had in fact obtained a pre-
petition judgment for possession against the debtor. 	In light of
the debtor’s failure to file a certification under 11 U.S.C. §
362(l)(1)(B), Garfield Hills Apartments then requested that the
clerk’s office serve upon the debtor and lessor certified copies
of the docket pursuant to 11 U.S.C. § 362(l)(4) indicating the
absence of a filed certification and the applicability of the
exception to the stay under 11 U.S.C. § 362(b)(22).
Section 362(b)(22) of 11 U.S.C. provides that the filing of
a petition “does not operate as a stay –-“
subject to subsection (l), under subsection (a)(3), of
the continuation of any eviction, unlawful detainer
action, or similar proceeding by a lessor against a
debtor involving residential property in which the
debtor resides as a tenant under a lease or rental
agreement and with respect to which the lessor has
obtained before the date of the filing of the
bankruptcy petition, a judgment for possession of such
property against the debtor . . . .
Section 362(l), to which § 362(b)(22) is made subject, provides
the debtor with an opportunity to mitigate or avoid the harsh
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results of § 362(b)(22). 	Pursuant to § 362(l)(1), if the debtor
files and serves upon the lessor a certification under penalty of
perjury that, under nonbankruptcy law, circumstances exist under
which the debtor would be permitted to cure the monetary default
that gave rise to the judgment for possession, and if the debtor
deposits with the clerk any rent that would become due during the
30-day period after the filing of the bankruptcy petition, §
362(b)(22) will not apply until 30 days after the date of the
filing of the petition. 	Pursuant to § 362(l)(2), § 362(b)(22)
will not apply at all if, in addition to complying with
subsection (l)(1), within 30 days after the filing of the
petition the debtor files and serves upon the lessor a further
certification under penalty of perjury that the debtor has cured
the entire monetary default that gave rise to the judgment, and
the lessor does not successfully object to any of the debtor’s
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1 	Section 362(l)(4) addresses the applicability of §
362(b)(22) when a debtor discloses the existence of a pre-
petition judgment for possession, but neglects to file the
certifications called for under § 362(l)(1) and (2). 	It is only
under those circumstances – - where the debtor has first
indicated on her petition that a judgment for possession was
obtained pre-petition and then neglects to file the requisite
certifications - - that the statute instructs the clerk’s office
to serve upon the lessor and the debtor a certified copy of the
docket indicating the absence of a filed certification and the
applicability of the exception to the stay under subsection
(b)(22). 11 U.S.C. § 362(l)(4)(B). 	In the instant case, the
debtor’s petition fails to disclose the existence of a pre-
petition judgment for possession, making § 362(l)(4)
inapplicable.
2 	The debtor’s statement of financial affairs disclosed the
existence of a pending eviction proceeding in Superior Court.
The court does not reach the issue of whether Garfield Hills
Apartments obtained a pre-petition judgment for possession of the
type described in § 362(b)(22) or if, instead, the proceeding
remained pending as of the petition date. 	By this order, the
court merely confirms that the exception to the automatic stay
provided for in § 362(b)(22) is applicable in this bankruptcy
case.
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certifications. 1
The debtor in the instant case has not disclosed the
existence of any pre-petition judgment for possession and has not
purported to invoke the protections of § 362(l) on her petition. 2
Even if the debtor were to amend her petition in an attempt to
avail herself of the protections of § 362(l), however, more than
30 days have passed since the filing of the original petition,
and the deadline for complying with the certification
requirements of § 362(l)(1) and (2) has expired. 	The exception
to the automatic stay provided for in § 362(b)(22) is self-
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executing and automatically applicable if the debtor fails to
invoke any of the protections available to her under § 362(l).
It is thus
ORDERED that, in the event the debtor’s landlord did, in
fact, obtain a pre-petition judgment for possession of
residential property in which the debtor resides as a tenant
under a lease or rental agreement, and because the debtor failed
to invoke § 362(l) by disclosing the judgment on her petition and
by certifying that she is entitled to and has in fact cured the
monetary default giving rise to the judgment, § 362(b)(22)’s
exception to the automatic stay of § 362(a)(3) applies. 	It is
further
ORDERED that Garfield Hills Apartments’ request for the
clerk’s certification of the docket called for under §
362(l)(4)(B) is DISMISSED as unnecessary because such
certification is only required and only issues if the debtor, in
accordance with § 362(l)(5), first indicates on her petition that
a judgment for possession was obtained pre-petition and then
neglects to file the necessary certifications regarding her right
to cure the default that gave rise to the judgment. 	The debtor
in this case has made no disclosures with respect to any pre-
petition judgments for possession and has made no contention that
§ 362(b)(22)’s exception to the automatic stay is inapplicable.
Accordingly, no certification of the docket that would defeat
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6	O:\Laura\ORDERS\Rent Deposit Orders\Order_landlord request for 362(l)(4) certification_Goldstonv3.wpd
such a contention is required.
[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney; Chapter 7 Trustee; Office
of United States Trustee; Phillip L. Felts.
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