This motion seeks to retroactively annul the application of the automatic stay under Section 362 in Bankruptcy where the tennant did not notify the landlord she had filed bankruptcy, where she fell behind in post petition rent, and where the landlord sought and obtained an eviction, all because the tennant never told the landlord she was in bankruptcy, even after the eviction complaint was filed. Then the tennant's lawyer wrote a letter threatening to sue the landlord for a breach of the automatic stay if landlord did not move tennant back into an apartment. The tennant had surrendered the keys to the landlord while the state case was pending and now claims to be homeless. This document seeks to expand the scope of section 362(d) to include cases where the creditor takes actions without knowledge of the bankruptcy on the authority of In re: Soares, 107 F.3d 969 (1st Cir 1997). Alternatively, creditor makes the argument that the apartment was no longer part of the bankrupt estate when the keys were handed over by tennant without telling landlord of her bankruptcy and therefore the automatic stay does not apply to non-estate property.
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Federal, 11th Circuit, Alabama |
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