In re Butler

271 B.R. 867 (2002)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

In re Butler

Bankruptcy Court for the Central District of California
271 B.R. 867 (2002)

Facts

After Tiphany Butler (plaintiff) defaulted on rent payments, landlord Westside Apartments (defendant) served her with notice to pay or vacate the premises. Butler did neither. Westside brought an action in state court against Butler for unlawful detainer. The trial court found in Westside’s favor, issuing writs of possession on March 19, 2001 and permitting the sheriff to enforce Westside’s judgment of possession. On March 28, the day after the sheriff served her with notice to vacate, Butler filed for Chapter 7 bankruptcy, thereafter informing the sheriff that any eviction action must be stayed as a result of the filing. The sheriff then told Butler they would go forward with the eviction, even with the pending bankruptcy proceeding. Butler filed an emergency petition for stay of the sheriff’s enforcement of the judgment. The court granted the petition on March 29. Westside thereafter filed a motion with the bankruptcy court seeking relief from the initial automatic stay resulting from Butler’s filing. Butler did not appear or file anything in opposition to Westside’s motion.

Rule of Law

Issue

Holding and Reasoning (Russell, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 735,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 735,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 735,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership