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In re Winer

In re Winer

Ruling
Eviction action not stayed where judgment of possession was obtained prior to petition date.
Procedural posture

Debtor filed a petition for relief under chapter 7 of the Bankruptcy Code, and two weeks later, the debtor's landlord filed a motion seeking an order confirming the absence of the automatic stay, pursuant to 11 U.S.C.S. § 362(b)(22), in the alternative, granting the landlord relief from the automatic stay, pursuant to 11 U.S.C.S. § 362(d). The debtor opposed the motion.

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Consumer opinion summary, case decided on May 13, 2008 , LexisNexis #0608-111