Skip to main content

§ 362(l)

Williams, In re

Dec
05
2022
Ruling
Debtor did take the required steps to be entitled to a stay of enforcement of a judgment forpossession. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Stay of Enforcement of Judgment For Possession of Residential Real

ABI Membership is required to access the full summary of Williams, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 05, 2022 , LexisNexis #0223-004
LexisNexis Article
Learn More

In re Good

Oct
15
2015
Ruling
Bankruptcy court could not extend time for debtor to file required certificate of deposit of rent.
Issue(s)
Was debtor entitled to an extension of time to file the required certificate of deposit of rent?

ABI Membership is required to access the full summary of In re Good Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 15, 2015 , LexisNexis #1115-044
LexisNexis Article
Learn More

In re Aikens

Jan
28
2014
Ruling
Debtor who lived in public housing was not required to cure prepetition defaults in order to avoid eviction.
Issue(s)
Should debtor who was a tenant in public housing be relieved of the requirement to cure prepetition default in order to avoid eviction.

ABI Membership is required to access the full summary of In re Aikens Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 28, 2014 , LexisNexis #0214-075
LexisNexis Article
Learn More

In re Harris

May
24
2011
Ruling
Relief from stay to execute on judgment of possession unnecessary due to expiration of 30-day stay.
Procedural posture

Landlords obtained a judgment for possession of real property occupied by a bankruptcy debtor before the debtor filed her bankruptcy petition. The landlords objected to the debtor's certification under 11 U.S.C.S. § 362(l) of an intent to cure the default which temporarily invoked application of the automatic bankruptcy stay.

ABI Membership is required to access the full summary of In re Harris Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 24, 2011 , LexisNexis #0611-078
LexisNexis Article
Learn More

In re Giggsby

Apr
17
2009
Ruling
Court refused to reinstate stay in case filed solely to thwart eviction.
Procedural posture

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a landlord filed a motion to vacate the stay that was imposed when the debtor declared bankruptcy so it could execute a warrant of eviction it obtained in state court. The court granted the landlord's motion and sustained the landlord's objection to a certification the debtor filed under 11 U.S.C.S. § 362(l)(1). The debtor filed an application for an order reinstating the stay.

ABI Membership is required to access the full summary of In re Giggsby Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 17, 2009 , LexisNexis #0609-005
LexisNexis Article
Learn More

In re Siddon

Sep
01
2008
Ruling
Motion to stay eviction denied where debtor failed to deposit rent due during 30-day period following petition date.
Procedural posture

A debtor filed a motion seeking to impose an automatic stay as to his landlord's attempt to recover possession of an apartment.

ABI Membership is required to access the full summary of In re Siddon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 01, 2008 , LexisNexis #1208-007
LexisNexis Article
Learn More

In re Parker

May
01
2008
Ruling
Debtor who had not certified or made required deposit not entitled to cure prepetition judgment for possession.
Procedural posture

The debtor's landlord had a prepetition judgment for possession of the debtor's residence, and the landlord filed an objection to the debtor's attempt to certify that he had a right to cure the default that gave rise to the prepetition judgment for possession under 11 U.S.C.S. § 362(l)(1).

ABI Membership is required to access the full summary of In re Parker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 01, 2008 , LexisNexis #0808-072
LexisNexis Article
Learn More

In re Weinraub

Jan
24
2007
Ruling
Tenant certificate requirement waived so that eviction proceedings against debtor were stayed.
Procedural posture

Chapter 13 debtors filed a motion to waive the requirements of 11 U.S.C. § 362(l) and confirm that the automatic stay was in effect as to creditor.

ABI Membership is required to access the full summary of In re Weinraub Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on January 24, 2007 , LexisNexis #0307-039
LexisNexis Article
Learn More

In re Weinraub

Dec
21
2006
Ruling
Bankruptcy court waived requirement that debtor file residential tenancy certification and continued stay.
Procedural posture

Debtors filed bankruptcy in an attempt to prevent their eviction from their residence and undo allegedly predatory actions taken by a person alleged to be a trustee of a trust. Pending was debtors'Motion to waive the requirements of 11 U.S.C. § 362(l) and confirm the automatic stay was in effect as to the trustee and to issue an order to the Clerk of the Court staying it with complying with 11 U.S.C. § 362(l)(4)(B).

ABI Membership is required to access the full summary of In re Weinraub Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on December 21, 2006 , LexisNexis #0307-076
LexisNexis Article
Learn More
Subscribe to %1