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§ 362(l)(1)

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?

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Consumer opinion summary, case decided on October 15, 2015 , LexisNexis #1115-044
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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.

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Consumer opinion summary, case decided on April 17, 2009 , LexisNexis #0609-005
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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).

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