From the Editor – Automatic Stay • NACTT Academy

From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Landlord violated stay by premature eviction. Following the landlords’ motion for stay relief and continuances of the hearing, the parties consented to a stay modification to be effective 14 days after entry of the order. The order specifically stated that stay termination would not be effective for 14 days, under Bankruptcy Rule 4001(a)(3); however, the landlords did not wait to change the locks and remove the debtor’s personal property. The landlords argued that the stay terminated 60 days after their motion was filed under § 362(e . . .

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