§ 362(b)(22)

Shrum, In re

Ruling: 
Exception to automatic stay applied as the debtor did not file her Official Form 101B within 30days after filing her case. (Bankr. E.D. Mich.)
ABI Membership is required to access the full summary of Shrum, In re. 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 01,2019, LexisNexis #0619-031

Bedford Hill Cmty. v. Brown (In re Brown)

Ruling: 
Landlord denied relief from stay to enforce judgment of possession where debtor still had valid appellate rights.
ABI Membership is required to access the full summary of Bedford Hill Cmty. v. Brown (In re Brown). 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 February 01,2016, LexisNexis #0416-005

In re Nitzsky

Ruling: 
Automatic stay applied to judgment of ejectment that was still subject to appeal.
ABI Membership is required to access the full summary of In re Nitzsky. 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 18,2014, LexisNexis #1014-040

In re Paul

After a landlord obtained a prepetition judgment and writ of possession, it sought relief from the automatic stay to take possession of an apartment rented by a chapter 13 debtor.
Ruling: 
Prepetition eviction judgment on non-monetary basis was not subject to stay.
ABI Membership is required to access the full summary of In re Paul. 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 June 08,2012, LexisNexis #0712-041

In re Sweetenburg

A landlord filed an application for judicial assistance to direct a clerk to provide a certified copy of the docket indicating that an exception to the automatic stay applied to a chapter 13 debtor's case pursuant to 11 U.S.C.S. § 362(b)(22).
Ruling: 
Landlord could proceed with eviction where debtor landlord failed to make required disclosure of judgment.
ABI Membership is required to access the full summary of In re Sweetenburg. 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 18,2012, LexisNexis #0612-074

In re Winer

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), or 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.
Ruling: 
Eviction action not stayed where judgment of possession was obtained prior to petition date.
ABI Membership is required to access the full summary of In re Winer. 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 13,2008, LexisNexis #0608-111

In re Parker

After the court issued an order determining that 11 U.S.C.S. § 362(b)(22) was applicable to a landlord's pre-petition judgment for possession of the debtor's residence, the debtor filed a motion for reconsideration.
Ruling: 
Debtor who failed to file required certificate and payment on petition date not entitled to challenge applicability of stay to prepetition eviction proceeding.
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 08,2008, LexisNexis #0808-037

Housing Auth. of Beaver County v. Alberts (In re Alberts)

Movant creditor filed a motion for relief from stay, contending that its post- petition efforts to enforce a judgment for possession were not stayed by operation of 11 U.S.C. § 362(b)(22). Respondent chapter 7 debtor filed a motion for contempt for a violation of the automatic stay.
Ruling: 
Actions to enforce judgment of possession stayed due to debtor's timely appeal of magistrate's order.
ABI Membership is required to access the full summary of Housing Auth. of Beaver County v. Alberts (In re Alberts). 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 24,2008, LexisNexis #0208-077

In re Goldston

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.
Ruling: 
Landlord covered by exception to automatic stay where debtor failed to file certifications or challenge applicability.
ABI Membership is required to access the full summary of In re Goldston. 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 23,2008, LexisNexis #0208-108

Pages

Subscribe to § 362(b)(22)