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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