In short
Normally the automatic stay pauses an eviction. There’s an exception: when a landlord already has a judgment for possession before the bankruptcy is filed, the stay doesn’t stop that eviction on its own.
Form 101A is the mechanism the Bankruptcy Code provides for a tenant in that position. The form itself says what it does: if both certifications on it are made and the landlord is served with a copy, the stay applies to the eviction for 30 days after filing.
Who files it
Only a debtor who rents their residence and whose landlord has obtained a judgment for possession (an eviction judgment) before the bankruptcy filing. Everyone else skips it.
What it asks
The landlord
The landlord’s name and address.
Certification About Applicable Law and Deposit of Rent
Two statements made under penalty of perjury: that the state law behind the judgment gives you the right to stay by paying the entire overdue amount, and that you have deposited with the bankruptcy court clerk the rent that comes due in the 30 days after filing.
This one moves fast. The deadlines here are counted in days, and whether a tenant has the right described in the first certification depends on state law. That’s a question for an attorney or a legal aid clinic, not for a form guide.
When it’s filed
With the petition. A copy is also served on the landlord.
Related forms
- Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101)
- Statement About Payment of an Eviction Judgment Against You (Official Form 101B)
The official form
Official Form 101A is one page long and is used in Chapter 7 and Chapter 13 cases. This guide describes the 12/15 revision, the date printed beside the form’s title. The federal courts publish the form and replace it when it changes, so their page always has the current one.
BK Prepare’s questionnaire builds the list of forms for a case from your answers, and includes this one when it applies.