- 11 U.S.C.
In re Goldston
Jan
23
2008
Ruling
Landlord covered by exception to automatic stay where debtor failed to file certifications or challenge applicability.
Procedural posture
In the debtor's voluntary petition, she left blank the section to be completed by tenants of residential property. The court concluded that the landlord's request for 11 U.S.C.S. § 3623(l)(4)(B) certification was unnecessary. That section was inapplicable because the debtor's petition failed to disclose the existence of a pre-petition judgment for possession, and such certification was only required if the debtor, in accordance with 11 U.S.C.S. § 362(l)(5), first indicated on her petition that a pre-petition judgment for possession was obtained and then neglected to file the necessary certifications regarding her right to cure the default that gave rise to the judgment. The debtor made no disclosures as to any pre-petition judgments for possession and made no contention that 11 U.S.C.S. § 362(b)(22)'s exception to the automatic stay was inapplicable.
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Court
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