§ 362(l)

In re Good

Ruling: 
Bankruptcy court could not extend time for debtor to file 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 case opionion summary, case decided on October 15,2015, LexisNexis #1115-044

In re Aikens

Ruling: 
Debtor who lived in public housing was not required to cure prepetition defaults 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 case opionion summary, case decided on January 28,2014, LexisNexis #0214-075

In re Harris

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.
Ruling: 
Relief from stay to execute on judgment of possession unnecessary due to expiration of 30-day 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 case opionion summary, case decided on May 24,2011, LexisNexis #0611-078

In re Giggsby

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.
Ruling: 
Court refused to reinstate stay in case filed solely to thwart eviction.
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 case opionion summary, case decided on April 17,2009, LexisNexis #0609-005

In re Siddon

A debtor filed a motion seeking to impose an automatic stay as to his landlord's attempt to recover possession of an apartment.
Ruling: 
Motion to stay eviction denied where debtor failed to deposit rent due during 30-day period following petition date.
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 case opionion summary, case decided on September 01,2008, LexisNexis #1208-007

In re Parker

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).
Ruling: 
Debtor who had not certified or made required deposit not entitled to cure prepetition judgment for possession.
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 case opionion summary, case decided on May 01,2008, LexisNexis #0808-072

In re Weinraub

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.
Ruling: 
Tenant certificate requirement waived so that eviction proceedings against debtor were stayed.
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

In re Weinraub

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).
Ruling: 
Bankruptcy court waived requirement that debtor file residential tenancy certification and continued stay.
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
Subscribe to § 362(l)