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Clare Ann Casas's Legal Cases (2)

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Bankruptcy and debt

In re Batista, 2005 Bankr. LEXIS 1732

Jun 01, 2005

OUTCOME: The Bankruptcy Court denied the Motion for relief from stay

A public Housing Authority sought to continue eviction proceeds against the debtor, a public housing tenant, based upon his default in the payment of pre-petition rent. The court denied the Housing Aut ... hority's motion for relief from the automatic stay. The court held that 11 U.S.C.S. § 525(a) protected public housing debtor tenants from eviction on the basis of non-payment of discharged pre-petition rent.

Bankruptcy and debt

In re Tyler, 2004 Bankr. LEXIS 2252

Oct 26, 2004

OUTCOME: The Bankruptcy Court denied the Motion

Creditor sought relief from the automatic stay to continue eviction proceedings against debtor. Pursuant to debtor's month-to-month lease, creditor could terminate the contract for nonpayment of rent. ... However, pursuant to 11 U.S.C.S. § 365, debtor could assume her defaulted subsidized housing residential lease. Under Florida law, debtor could assume the lease and cure her default as long as a writ of possession had not been executed. Creditor had initiated eviction proceedings against debtor, but those proceedings had not ended and no writ of possession had been executed. Since, the lease termination process had not been completed, debtor's lease remained unexpired for purposes of 11 U.S.C.S. § 365.