In re Butler

271 B.R. 867 (2002)

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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.)

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