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Web posted and Copyright © 1/12/98, American Bankruptcy Institute.

The following abstract summarizes the text of submissions made to the National Bankruptcy Review Commission. The abstract is organized by NBRC working group and topic.

The Final Report of the NBRC can be viewed on-line. To obtain a copy of any document shown below, contact the Center for Legislative Archives, Room 205, National Archives Building, Washington, D.C. 20408. The telephone number is 202/501-5350. Mr. R. Michael McReynolds, Deputy Director, will be able to assist with specific inquiries. (The NBRC documents will be housed at this location until June, 1999. Thereafter, the records will be transferred to the Center's archives in College Park, MD.)

Consumer: Automatic Stay
IDNameGroupOtherCode
Sec
Cross
Ref
Problem ReferencedProposed Solutions
NBRC-
0008
Hon. Geraldine MundUnited States Bankruptcy Court, Central District of California, Ad Hoc Committee on Unlawful Detainer and Bankruptcy Mills
362(b)
There are a significant amount of bankruptcy filings which are abusive and filed for the sole purpose of stopping a residential eviction by tenants who have no intention of reorganizing or liquidating but are simply seeking to delay the landlord's eviction.Modify the automatic stay so that it does not apply to residential month-to-month tenancies or tenancies at will.
NBRC-
0107
Institute of Real Estate Management, Manufactured Housing Institute, et al.

362(a)(3)362(b)(17)Loophole in the Code restricts the ability of housing providers from regaining possession of rental property that is being held by residents faced with eviction due to the effect of the automatic stay. Increasing number of debtors are filing barebones petitions in order to stay eviction proceedings. Relief from stay motions are usually granted in these cases, however by the time relief is granted, purpose has been achieved, namely retention of the property without having to pay rent. Housing providers and the courts bear the brunt of these frivolous filings. In the C.D. Cal. over 39,000 ch. 7 cases are filed annually, significant number are filed to prevent eviction.NBRC can rectify this problem by recommending that congress amend section 362(a)(3) of the code or create a new section 362(b)(17) in the following manner: "Section 362(b)(3) "any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate, except that possession of a residence by a tenant under a rental agreement shall not be deemed property of the estate." Section 362(b)(17): "under subsection (a)(3) of this section, except that possession of a residence by a tenant under a rental agreement shall not be deemed property of the estate. We strongly urge adoption of one of these two proposals.
NBRC-
0132
Steven D. Goldstein President, Credit Department, Sears Roebuck & Co. Heard Brady speak at National Retail Fed'n Credit Mangmnt Advisory Council 362523A debtor's failure or refusal to state his/her intention with respect to a secured debt at a time when the creditor's opportunities to initiate contact for the purpose of obtaining needed information are strictly limited deprives creditors of valuable time and any meaningful opportunity to protect their interests. Similarly, a debtor's failure or refusal to perform a stated intention within a reasonable time period denies the creditors affected and effective means of protecting its interests. The failure to effectuate a stated intention also has the effect of favoring other creditors to the detriment of the affected creditor and demonstrates the debtor's disregard for the bankruptcy rules and the willingness to manipulate the system.Proposed amendment would level the playing field and provide a remedy to the affected creditor, but not unduly penalize the debtor or unjustly enrich other creditors. Amend sections 362 and 523 to except from automatic stay and discharge if the debtor fails to file a section 521 statement of intention with respect to the debt within ten days of filing and fails to perform the state intention by the date of the first section 341(a) meeting of creditors.
NBRC-
0133
William E. CumberlandGeneral Counsel; Mortgage Bankers Ass'n of America
362
Delay alone should not be an adequate basis for allowing repeated stays. Currently mortgage holders are experiencing repeated application of the automatice stay with regard to mortgaged property in a variety of ways: multiple filigns by one debtor, with early filigns abandoned or dismissed; multiple and repetitive reinstatements of plans in a single case with no demonstrable good faith reason for a second or third try at fulfilling a plan; or variations on these themes.Clarify that protracted delay is not a permitted basis for serial reapplication of the automatic stay. While these experiences are shared by other creditors, the impact on the mortgage finance system is special because the foreclosure process, which is inherent to the success of the system, must be stopped and restarted each time the automatic stay comes into play.
NBRC-
0152
Kenneth L. Robinson President; National Ass'n of Federal Credit Unions
362
Problems exists in ch. 7 where a debtor is willing to hand over a vehicle, but creditor is unable to take possession due to the automatic stay provisions.Problem can be resolved by amending section 362 so that the stay is automatically lifted when the debtor issues a statement of intent or upon surrender of a vehicle immediately following debtor's action.
NBRC-
0225
Paul MannesBankruptcy Judge (D. Md.); fomer member of the "Advisory Committee on Bankruptcy Rules"


Mountain of litigation exists on the subject of the enforceability vel non of prepetition waivers of the automatic stay. To eliminate the litigation, this issue should be resolved by amending the Code.Bankruptcy Code should be revised to resolve the issue of enforceability vel non of prepetition waivers of the automatic stay. An analysis of the issue can be found at 32 San Diego Law Review 1133. The author comments, "The issue, as I see it, is one of line drawing. It would not be desirable to see the provision found in every automobile financing agreement or in every home mortgage. On the other hand, there are numerous times where the parties enter into a thoroughly negotiated workout agreement where both make substantial concessions in an effort to avoid foreclosure."
NBRC-
0268
Hazel ConradBenficiary/Constituent of Rep. HutchinsonCover letter from Rep. Tim Hutchinson, asking for NBRC's response; copy of attorney correspondence, Petition, and Order362
Author complains that she has been waiting 27 days for a Bankruptcy Judge to sign a Stipulation for Relief from Automaic Stay and Order, and thus she has not yet received the proceeds from a foreclosure sale. The author feels that bankruptcy laws have "leaned too far towards the debtor and do not take into account how many benficiaries are counting on the payment from sold property to help with the expenses."Bankruptcy laws should be amended to provide for more expediant processing of motions and claims.
NBRC-
0274
Steven D. Goldstein President, Credit - Sears, Roebuck and Co.
362, 523
Sears and other National Retail Federation members state that a debtor's failure or refusal to state its intention, and likewise to perform its stated intention, with respect to secured debts at a time when the creditor's opportunities to initiate contact for the purpose of obtaining needed information are strictly limited deprives creditors of valuable time and any meaningful opportunity to protect their interests. Amend §§ 362 and 523 to except a debt from automatic stay and discharge if the debtor fails to file a § 521 statement of intention for that debt within 10 days of filing and fails to perform the stated intention by the date of the first § 341(a) meeting of creditors.
NBRC-
0276
Institute or Real Estate Management, Manufactured Housing Institute, National Apartment Association, National Leased Housing Association, National Multi Housing Council, and Public Housing Authorities Directors AssociationReal estate industry organizations
362
Tenant debtors are exploiting the bankruptcy system by using the automatic stay to restricit the ability of housing providers to regain possession of rental property that is being held by residents faced with eviction.Sections 362(a)(3) and 362(b)(17) should be amended to prevent debtor tenants from using the automatic stay as a means of avoiding eviction. Suggested statutory language is provided.
NBRC-
0302
Brian L. Mc DonnellPresident, Navy Federal Credit Union
362, 1301
Bankruptcy is increasingly being perceived as an "easy way out" for debtors seeking to avoid responsibility for their actions. In addition, many people no longer consider bankruptcy to be a financial stigma. Bankruptcy filings represent significant time and money burdens for creditors and the courts, the costs of which are often passed on to customers of the creditors in the form of higher prices. It is imperative that bankruptcy procedures be revised to discourage financial irresponsibility in today's highly leveraged personal economic environment. One way of reducing the administrative burden of bankruptcy filings would be to enhance the cost-effectiveness of bankruptcy proceedings.To enhance the "cost-effectiveness" of bankruptcy proceedings, § 362 should be amended to establish an exemption to the automaitc stay in cases where: (1) joint debt is involved, and one or more joint debtors files a subsequent petition for relief within 120 days of a prior filing by an another joint debtor; (2) debtors wish to voluntarily convey collateral to debtors; (3) a chapter 13 debtor falls more than 60 days behind scheduled repayments; and (4) creditors will continue accepting payments on loans for collateral that dentors intend to retain. Also, to increase the "cost-effectiveness" of bankruptcy proceedings, § 1301 should be amended to repeal those provisions that prohibit collection from a nonbankrupt co-debtor until the automatic stay is lifted.
NBRC-
0317
Trevor A. GrimmGeneral Counsel, Apartment Association of Greater Los AngelesDocuments discussing and illustrating tenant-debtor abuse of the automatic stay362
Bankruptcy fraud related to eviction actions is rampant in Southern California and a problem in other states. "Evicted" tenants, sometimes at the urging of debtor attorney "petition miils," file or end up the named filer of fake Bankruptcy petitions filed solely for the purpose of obtaining the eviction-delay benefit of the Bankruptcy Code's automatic stay. The author attaches and number of reports, articles, statements, decisions, court documents, copies of statutory provisions, and other documents that discuss and illustrate this problem.Bankruptcy Code should be amended to prevent abuse of the automatic stay and otherwise eliminate the multi-million dollar annual loss sustained by residential property owners who fall victim to tenants who abuse the stay.
NBRC-
0446
C. Bernard BrushAttorney
362
Author represents landlords and management companies in Ohio. Automatic Stay in tenant bankruptcies causes delays and costs to landlords in bankruptcy court and for re-filing in State court to obtain eviction.Exempt residential evictions from the automatic stay provisions of U.S.C. Section 362.
NBRC-
0516
Irma VargasPresident, The Apartment Association of Greater Los AngelesReport from Sherriff's Office

Author attaches a report from the Los Angeles County Sheriff's Department outlining the number of Bankruptcy filings/automatic stays delaying evictions in Unlawful Detainer actions during a 12 month period. Author notes the additional costs and delays this causes."We urgently need your help in eliminating the "automatic stay" in residential eviction cases."
NBRC-
0538
Randall J. Newsome U.S. Bankruptcy Judge Copy of letter dated 10/10/96 from Judge Newsome to Prof. Warren.362
"[T]he proposed amendments to Chapter 7 would require secured creditors to file a statement under oath swearing, upon pain of sanction, that the debtor has no equity in the collateral and the debtor is in default. If the intent is to eliminate § 362 motions in Chapter 7 consumer cases, this idea is sure to work, because no rational secured creditor would ever sign such a statement." Do not require the proposed statement under oath of creditors in Chapter 7 cases.
NBRC-
0541
Dean S. CooperAssociate General Counsel, Federal Home Loan Mortgage Corporation ("Freddie Mac")


"The Working Group's proposal is unclear as to whether it would be necessary for a secured mortgage lender to obtain stay relief after the debtor defaults in his or her chapter 13 plan.""We recommend that the stay should expire with the granting of a discharge upon confirmation of a chapter 13 plan, and a creditor should be entitled to immediately pursue its default rights under state law, such as foreclosure, upon default."
NBRC-
0549
Nick LampsonCongressman


Author writes on behalf of his constituents who urge the closing of a "loophole" in the Bankruptcy Code which allows a debtor to stay in their apartment under the automatic stay.Close the loophole.
NBRC-
0597
Murray S. Lubitz and Louis LevinePresident and Chair, Consumer Subcommittee, of the Commercial Law League of American
362
The suggestion to modify application of the automatic stay in Chapter 13 cases seems confusing and not susceptible to practical administration.Do not change Section 362 to tailor it to Chapter 13.
NBRC-
0599
David A. LanderAttorney


The proposal in Draft #1 weakening the automatic stay in Chapter 7 gives up something important to solve a problem that is very minor. It does not cost much time or money for a creditor to comply with the relief from staay procedures. In those cases where the Debtor may be able to take action to catch up or where there is equity, the procedure provides important protection.The "automaticness" of the automatic stay must remain inviolate to offer the true opportunity to make use of Chapter 13.
NBRC-
0604
Richard H. WalkerGeneral Counsel, Securities and Exchange CommissionDocument entitled "Issues Identified by Division of Enforcement and Office of General Counsel of Securities and Exchange Commission for Consideration by Bankruptcy Review Commission.

Defendants in SEC actions have filed bankruptcy to undermine asset freezes, stop law enforcement actions and contempt proceedings, and to seek discharge of nondischargeable claims. Author is transmitting with this letter a document outlining issues of concern to the Division of Enforcement and Office of General Counsel of the SEC, among which is the following: "What consitutes cause for lifting the stay for an unsecured creditor, unlike a secured creditor, is not delineated in the Code, and there is not a great deal of guidance in the case law."Clarify grounds for lifting stay.
NBRC-
0605
Kenneth L. RobinsonPresident, National Association of Federal Credit Unions (NAFCU)


A majority of respondents to questionaire believed that the provisions relating to an automatic stay would allow the creditor to protect their security interest promptly in the event that a debtor fails to comply with the terms of a payment plan under Chapter 13. This amended provision appears to expedite what is currently a very lengthy process and attempts to deter debtors from falling behind on their payments.NAFCU favors the amended provision on automatic stay.
NBRC-
0615
Gerald W. Hannes Private citizen

11 Author was "a victim of the existing rules" regarding tenant evictions under the Federal Bankruptcy Code. Amend the automatic stay provision of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
0616
Alvin FreedmanLandlordFour attached exhibits.

Tenants are filing bankruptcy to delay eviction.None.
NBRC-
0619
Leon S. William, Sr.Landlord


The Code hurts the real estate business by letting "deadbeat" tenants beat the owner out of thousands and thousands of dollars.Amend the Code so that tenants cannot delay evictions.
NBRC-
0621
Charlotte A. LenzenLandlord


An increasing number of residents faced with eviction are filing for bankruptcy with the sole purpose of delaying eviction, causing delay and increased costs to the landlord.Do not allow debtors to claim residential property as an asset in bankruptcy proceedings.
NBRC-
0622
Robert AronoffLandlord


"Con artist" tenants use the bankruptcy code to "live off the fat of the land at society's expense.""I feel the present Bankruptcy Code needs to give some latitude so as to discourage, penalize or otherwise cause they [sic] professional economic parasites to return to society that which they take as their private priviledge."
NBRC-
0629
Frank M. HensleyPresident, Pioneer Western Investment Associates, Inc., a real estate finance corporation.


"1. The automatic stay imposed by the bankruptcy law impedes and disrupts the orderly and reasonable efforts of a secured lender to repossess real property...2. The "Chapter 20" bankruptcy" has become a specialized form of the above...4. Bankrupt parties are not all "Model Citizens" who have suffered adversity.""[P]lease add these comments to the many you receive concerning bankruptcy reform."
NBRC-
0649
Elizabeth S. PetersenAttorney


"With respect to the proposal to lift the stay, the statement indicates the Court would grant stay relief if ther was no equity in the collateral. Many times the debtor has no equity in the collateral, but he wants to continue to try to make the payments on his house.... The reason for this is the debtor frequently cannot find other housing that is reasonably priced..."Author thinks the debtor should be allowed to continue to try to make the payments on his house and there should not be an automatic release fromt he automatic stay simply based on the fact that the debtor has no equity."
NBRC-
0650
Samuel L. BuffordBankruptcy Judge, Central District of California


Author disagrees with the proposal to provide more expedient access to the courts for lifting the automatic stay for secured creditors when debtors cannot make their payments. Section 362 already requires that the hearing be conducted no more than 30 days after a motion is filed. "This time limit already makes it difficult for any bankruptcy judge to take a vacation of more than a week, and imposes a substantial additional burden on those locations lacking a resident bankruptcy judge.""I think that secured creditorshave adequate protection under the present procedures, if the courts adhere to the statutory requirements."
NBRC-
0670
Sue MyrickMember of Congress


Congressperson expresses constituents' and her concern about "loophole" allowing tenants to avoid eviction by filing bankruptcy."This abuse of U.S. Bankruptcy Code needs to end. I urge you and the Commission to address this specific problem in your report which is to be submitted to the President."
NBRC-
0672
Sam BrownbackU.S. Senator, Kansas


Senator expresses constituents' and his concern about "loophole" which allows residents to avoid eviction by filing bankruptcy.No specific solution proposed. "Please let me know were [sic] you stand on this particular issue."
NBRC-
0673
Michelle D. VinerBankruptcy Supervisor/Assistant Secretary, Norwest Mortgage, Inc.


"It is urgent that changes be made to prevent debtors from repeatedly filing bankruptcy to simply avoid foreclosure or eviction processes." An example is given of the history of one case of multiple filings with which the mortgage company had to contend."...there could be a timefram imposed with which a debtor could not file a new petition in bankruptcy. The time frame would not necessarily have to be six years. However, the timeframe would need to be the same for all jurisdictions and would need to be long enough to complete foreclosures incompliance with state laws."
NBRC-
0687
A. Stevens QuigleyAttorney, panel Chapter 7 trustee


"Secured creditor action is often what precipitated the bankruptcy.""Do not make it too easy for stays to be lifted." "If there is a reasonable plan to cure the secured delinquency, stay should not be lifted."
NBRC-
0699
Edith H. Jones Bankruptcy Judge



If the ideas of an expiedited discharge in Chapter 13 and an automatic lifting of the stay at the time of discharge have been abandoned the Commission should state when discharge will be granted in Chapter 7 and 13 and explain why the automatic lift-stay provision was dropped.
NBRC-
0699
Edith H. Jones Bankruptcy Judge


Author supports the proposal that, where a debtor keeps secured property in Chapter 7 or 13, creditor should be able to get section 362 relief within 15 days based on an affidavit.
NBRC-
0711
Neal R. AllenAttorney specializing in consumer bankruptcy



There should be no ucrtailment of the automatic stay during the term of a Chapter 13 Plan.
NBRC-
0728
John C. AkardU.S. Bankruptcy Judge, Northern District of TexasCopy of letter dated 5/2/97 to Susan Jane Darnold from office of United States Trustee; Copies of 4 letters dated 3/26/97 from Judge Akard to the Bankruptcy Commissioners on different topics.

"If I correctly read your discussion about the automatic stay, it says "one miss and you are out." If that is what you had in mind, it is unrealistic. debtors in Chapter 13 are on a very tight budget. The least little problem causes real difficulty....It has been my experience that by allowing some flexibility, the plan can be kept active for the benefit of the creditors (principally the unsecured creditors). If plans had terminated upon the first default, the unsecured creditors would have received little or nothing and the debtors would have been forced to negotiate repayment schedules with all of their secured creditors, or lose thheir secured collateral.""For these reasons, I sincerely hope that you will not provide that the automatic stay lifts whenever the debtor is not in "full compliance" with the plan."
NBRC-
0729
Gerald L. White & Gary H. GaleAttorneys, White & Gale


"We have heard that there is talk of curtailing the automatic stay while the debtor is in chapter 13. The typical chapter 13 proceeding is a difficult one." Often, debtors get into trouble with their plans in the first year of the plan because of unforeseen expenses, as they being living on a budget for the first time. The automatic stay allows them to weather the storm, negotiate a plan with their secured creditors to cure the post-petition default and retain the collateral. Also, the automatic stay helps to protect the debtor from post-petition collection actions until the current plan is completed, which gives him an opportunity to succeed in the plan and then later deal with any such obligations.Do not curtail the automatic stay.
NBRC-
0731
Rollie R. HansonAttorney, Law Office of Rollie R. Hanson, S.C.


The automatic stay is essential for debtors to get through hard times and to have the greatest opportunity for a successful completion of the plan. Curtailment of the protection of the automatic stay could lead to more failed plans.Do not curtail the protection afforded to Chapter 13 debtors by the automatic stay.
NBRC-
0742
Nicholas H. PenfieldRetail Bankruptcy Officer, Peoples Heritage Bank
362
"A creditor and a debtor would both benefit immensely if a creditor did not have to hire an attorney to file a motion for relief from the automatic stay in certain situations in which a debtor is willing to voluntarily surrenter collateral pursuant to his/her Statement of Intention. Unless the Bank waits the four to five months for a discharge order to enter and for abandonment from a bankruptcy trustee..., the only remedy the Bank has available is to hire an attorney and obtain an order granting relief from stay, which can typically cost between $350 and $1,000. Requiring a motion for relief is similarly unbeneficial to a debtor" because attorney fees will increase if the attorney has to attend a hearing on a creditor's motion for relief."Amend §362 to allow creditors to repossess and sell collateral in certain situations without the necessity of filing a motion for relief from stay."
NBRC-
0748
Richard A. RiffelOwner of residential rental property


Author is upset by the use of the automatic stay by tenants to avoid eviction."I fully understand that there is no perfect solution to this problem. But, I truly believe that there is a fairer, more equitable way to address this problem. Simply, allow any present proceedings regarding an eviction be held in limbo. If the tenant does not pay any future rent the property owner should have the immediate right to then petition the State Court handling Tenancy tomove forward on the pending case."
NBRC-
0749
Mrs. Antonia NavarroRental Property Owner


"Current bankruptcy laws facilitate terrible abuse against landlords.""I respectfully ask that current bankruptcy provisions be amended to have tenant evictions freed from the Federal Bankruptcy Code. Again, please amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
0775
Charles T. CanadyMember of Congress


Congressman Canady is concerned about a provision in the U.S. Bankruptcy Code which allows renters to delay eviction proceedings and continue to reside in rental property without paying rent. This problem was brouth to hsi attention by several consituents and organizations."I strongly urge the Commission to consider this problem during your review, and that you recommend an appropriate solution in your report."
NBRC-
0784
Trevor A. GrimmGeneral Counsel, Apartment Association Greater Los AngelesSevice List; California Apartment Law Information Foundation Unlawful Detainer Study 1991.

In 1991, evictions without bankruptcy involvement took almost 60 days, with a bankruptcy filing the time was increased to almost 90 days. This is in addition to the rent lost during the time landlord is trying to work something out with the tenant.Exempt residential tenancies from the application of the automatic stay.
NBRC-
0785
Trevor A. GrimmGeneral Counsel, Apartment Association Greater Los AngelesProposed amendment to section 362 of the U.S. Bankruptcy Code regarding unlawful detainer actions and stays

Author objects to the comparison of car dealers and apartment owners in a response to the suggestion that residential eviction cases be exempt from the automatic stay. Author gives four reasons why they are different.Exempt residential eviction cases from the automatic stay.
NBRC-
0798
Clarine Nardi RiddleSenior Vice President for Governmental Affairs, National Multi Housing Council


Author writes of her organization's concern with tenant debtors who use the automatic stay provisions of the Bankruptcy process to avoid eviction.No specific solution proposed.
NBRC-
0807
Richard T. Wargo, Jr., Esq.Director, Compliance & Information, Pennsylvania Credit Union League & Pacul Services, Inc.


No discussion of problem."The scope of the automatic stay in Chapter 13 should be limited to the specific property covered by the plan. If a debtor defaults on the plan, a creditor should be entitled to expedited relief from the stay."
NBRC-
0807
Richard T. Wargo, Jr., Esq.Director, Compliance & Information, Pennsylvania Credit Union League & Pacul Services, Inc.


"A credit union should not be penalized or threatened with violations of the automatic stay where a debtor or debtor's counsel neglect to stop payroll deduction.""The Code should permit voluntary payments on secured and unsecured debts. Further, the Code should clarify that payroll deduction is a voluntary payment....if payroll deduction continues postpetition, the Code should presume the payment is voluntary."
NBRC-
0816
Geraldine MundChief Judge, United States Bankruptcy Court, Central District of California


Author strongly supports proposal that Bankruptcy Court should be empowered to issue in rem orders with regard to property covered by the automatic stay.Author proposes new language to be included in the proposal which would include a debtor who was a transferee of the property, as well as the transferor.
NBRC-
0832
Arthur S. WeissbrodtU.S. Bankruptcy Judge, Northern District of California


"I don't like in rem orders in part because they purport to affect parties who are not before the court - such as the unsecured creditors in a subsequent case. 'Transferring' an interest in property to avoid foreclosure cannot logically form the basis for an in rem order. Selling one's home or car to realize the equity before a foreclosure can occur is a good thing for the debtor to do. Your focus surely must be on bogus or fraudulent transfers for little or no consideration, not legitimate transfers." Author has not seen fractionalized transference during his time on the bench.If conveyance of frationalized interests in property to avoid the automatic stay is a prolem, allow in rem orders upon a finding that a debtor has conveyed fractionalized interests in property as an abuse of the system to avoid foreclosure.
NBRC-
0842
Richard L. HaeusslerAttorney


"I believe that there has been an abuse of the automatic stay on the part of renters who use multiple filings to stay landlords from obtaining their property after a default in the payment of rent."The burden should be on the debtor to show that he is entitled to possession, and that this should be done in the 15 days after filing.
NBRC-
0866
John PalmerMontgomery Partners, Real Estate Investments


"The specific purpose of this request would be to prevent abuse of the automatic stay provisionof hte Bankruptcy Code by tenants merely seeking to delay evictions.""...I would like the NBRC to recommend to Congress that the current Bankruptcy Code be changed to exempt residential rental agreements fromt he automatic stay provision."
NBRC-
0868
Clarine Nardi RiddleSenior Vice President of Government Affairs, NMHC National Multi Housing Council and NAA National Apartment Association


During the testimony on behalf of the NMHC and NAA before the Commission in Detroit, Commissioner Butler raised a concern that their proposal to exempt residential leases in the eviction process from the automatic stay might reduce the due process protections provided a tenant if the eviction proceeding is non-judicial in nature."We have researched this issue and have not found any state eviction statute that allows non-judicial evictions."
NBRC-
0871
David A. TilemAttorney
362(b)(2)
"The 1994 amendments [to the Code] expanded the automatic stay exception to include proceedings to seek or modify support obligations or establish paternity. Given the social importance of our childrem what happened to custody proceedings, visitation proceedings, and injunctive actions to protect victimized children and spouses from physical or emotional abuse""Perhaps the exception should be broadened to permit spouses to erminate marital status, so long as such proceedings do not affect property of the estate."
NBRC-
0881

American Seniors Housing Association, Institute of Real Estate Management, Manufactured Housing Institute, National Apartment Association, National Association of Home Builders, National Leased Housing Association, National Multi Housing Coucil
362
"As you know, there has been a proliferation of tenants abusing the bankruptcy process solely to slow the eviction process." Amend Section 362(a)(3) and (b)(19) and (20) as suggested in letter to exempt possession of a residence by a tenant under a rental agreement from the terms of the automatic stay.
NBRC-
0883
Eugene R. WedoffU.S. Bankruptcy Judge, Northern District of Illinois


The Proposal does not specify how the automatic stay would apply in conjunction with a petition to refile a Chapter 13 case within 2 years."A petition for leave to file a Chapter 13 case within 2 years after the close of a prior bankruptcy should not result in imposition of the automatic stay until the filing is allowed. However, if filing is allowed, the stay should be imposed retroactively to void any action taken with respect to estate property after the date of the petition."
NBRC-
0885
Ronald Barliant U.S. Bankruptcy Judge
362
"I believe §362 can and should be amended in very simple ways to avoid a great deal of unnecessary expense to creditors and to make the distinction between chapter 7 and chapter 13 even clearer." "In my view, the only reason the stay against actions to recover property should be maintained in a chapter 7 case is to protect equity available to the estate for the benefit of creditors. Once a debtor has chosen liquidation instead of repayment, the debtor has no further interest in the property, except to protect exemptions and in the rare "surplus" case. Debtors who want to protect property should file chapter 13 cases." "A few ideas for changes applicable in chapter 7 are: 1) Whether the debtor is in default under the security agreement should be irrelevant in a chapter 7 case, especially if the 'ride through' prpoposal is adopted. There is no reason why creditors should be forced to litigate disputes about defaults in bankruptcy court. And if there is no dispute, there is no need for the stay even from the debtor's point of view.; 2) The stay as to property should be terminated upon the filing of a report by the trustee that there are no assets in the estate to administer....; 3) In accordance with the March 5th memorandum, the stay should be lifted on 15 days notice if no objection is filed..."
NBRC-
0892
Robert W. AlbertsU.S. Bankruptcy Judge, Central District of California


"In my opinion, the creation of the automatic stay has fostered much of the abuse of the bankruptcy system which we now endure, particularly in consumer bankruptcy cases.""I urge the Commission to donsider limiting the duration of the stay in Chapter 7 cases to a period short enough to make it impractical or unnecessary for creditors to seek stay relief in all but the most extraordinary or egregious cases, but long enough (e.g. 14 days) to afford Chapter 7 trustees an opportunity to determine whether they should seek to extend its duration. Moreover, I believe no automatic stay should be created respecting property of debtors or their estates upon the filing of subsequent bankruptcy petitions under any chapter shortly (e.g. within 180 days) after an initial filing."
NBRC-
0893
Ann SwearingenChairman, Property Management Council, Virginia Association of Realtors


Author's organization is concerned about the "loophole" in the bankruptcy code which allows a bankruptcy to remain in possesion of rental property under the automatic stay."An alternative and/or compromise to prevent the loopholes may be found by using what is currently provided to utilities under 11 U.S.C. 366. Author gives suggested language for rental property based on this section.
NBRC-
0907
Sheldon L. BaskinAttorney


Applying the automatic stay to residential leases brings no benefits to the creditors of the debtor, and works an inequity on the landlord. Tenants' rights are fully protected by state and local law providing for adequate hearings and other due process before evictions can proceed. Some tenants are filing for bankruptcy solely to prevent eviction.No specific solution proposed.
NBRC-
0909
Clarine Nardi Riddle Senior Vice President for Government Affairs of the National Multi Housing Council (NMHC) and the National Apartment Association (NAA) Joint Legislative Staff. Copy of letter dated May 30, 1997 which was sent to Brady Williamson.

Written copy of author's testimony before the NBRC on 6/6/97. Remove residential leases from effects of automatic stay.
NBRC-
0925
C. Michael Stilson Bankruptcy Judge, Northern District of Alabama, Western Division

11 Author feels that the "substantial" changes proposed to the Bankruptcy Code are not necessary, and that remedies already exist for most of the problems addresed by the Consumer Bankruptcy Working Group. Author addresses each proposal of the Working Group. Author addresses the issuance of in rem orders with regard to the application of the automatic stay. "This is a proposal to address a problem which I have not see, but understand is a real problem in some areas. This proposal appears to be a reasonable solution to a problem in certain areas of the country."
NBRC-
0935
Clarine Nardi RiddleSenior Vice President for Governmental Affairs, National Multi Housing Council


Author expresses thanks for response to her letter of June 13, 1997. She also wished to correct a statement in the letter she received which stated that NMHC did not support the changes proposed in the first Draft. In fact, they expressed their support for the provisions in both the First Draft and the Second Draft as well as their dismay that the proposed changes refarding the discharge provisions in the First Draft had been dropped in the Second Draft. More importantly, in the same letter, she expressed the belief that despite the incremental relief proposed in the First and Second Drafts the Commission had not goen far enough to address the strategic use of the bankruptcy system by residents seeking to delay evictions.n/a
NBRC-
0952
Peter D. NottOwner of small residential apartments


Tenants use bankruptcy's automatic stay to avoid eviction without paying rent."I beg for removal of automatic stay of residential evictions PERIOD." "If removal of automatic stay can not be done, I would like to make two suggestions: 1. No stay for evictions that are for other reasons than non-payment, i.e. breaking the rules of the lease (drug dealing or nuisance). 2. The hearing date be NO LONGER THAN FIVE DAYS from date of filing bankruptcy."
NBRC-
0976
James L. BerrymanApartment owner


Author is the owner of residential rental property. He is angry that his tenants have been able to use the automatic stay to stay in their apartments without paying rent.Terminate the automatic stay provision in the eviction process.
NBRC-
0977
Wenda J. KennedyReal Estate Broker


Author is angry that residential tenants can use the automatic stay to remain in their apartment without paying rent.Exempt residential rental agrrements from the automatic stay provision.
NBRC-
0978
G. Coegering () illegibleProperty owner


Author is angry that residential tenants can use the automatic stay to remain in their apartment without paying rent.Exempt residential rental agrrements from the automatic stay provision.
NBRC-
0979
Paul J. LupoBroker/Owner residential rental property


Author is angry that residential tenants can use the automatic stay to remain in their apartment without paying rent.Exempt residential rental agrrements from the automatic stay provision.
NBRC-
0980
F.T. PattonApartment building owner


Author is angry that residential tenants can use the automatic stay to remain in their apartment without paying rent.Exempt residential rental agrrements from the automatic stay provision.
NBRC-
0981
Joel Silverman Owner of rental units (e-mail, no address)


Author is angry that residential tenants can use the automatic stay to remain in their apartment without paying rent. Exempt residential rental agrrements from the automatic stay provision.
NBRC-
0992
Kay L. CampbellCompliance Officer, McDonnell Douglas West Federal Credit Union


"We believe the new provisions relating to an automatic stay will help ease the burden on creditors. The requirement that the stay would remain in affect [sic] as long as the debtor was in full compliance with the plan, gives the debtor some incentive to play by the rules."
NBRC-
1025
Herbert PillerPresident, Merit Industries


Author complains about the fact that the purchasers of homes who default can nevertheless "tie a home up for years by using methods available to them by bankruptcy lawyers." Author had an instance where a husband and wife filed consecutive bankruptcies several times.None
NBRC-
1027
Laurence SilverLandlord


Author is angry that tenants can file for bankruptcy and stay on the premises rent-free while he has to go to court again at the federal level to get his premises back.Exempt residential rental units from the automatic stay.
NBRC-
1061
Stella Millercitizen


Author is 73 years old and has rental property. Tenants have failed to pay rent, then use bankruptcy to extend the time they can stay without paying. It costs much in attorneys' fees."Please consider my request to eliminate this automatic stay provision from the BK code, that Tenants seem to enjoy using."
NBRC-
1063
Lucinda PenningtonOwner, 8 rental properties



"Please amend the automatic stay provision of the Bankruptcy Code to prevent its use from delaying tenant evictions."
NBRC-
1075
American Seniors Housing Association, Institute of Real Estate Management, Manufactured Housing Institute, National Apartment Association, National Association of Home Builders, National Leased Housing Association, National Multi Housing Council As above, no return address given.


Authors write to thank Judge Jones for her "Recommendations for Reform of Consumer Bankruptcy Law", and especially that she addressed the issue of strategic filings by residents of rental property to delay eviction proceedings. n/a
NBRC-
1076
American Seniors Housing Association, Institute of Real Estate Management, Manufactured Housing Institute, National Apartment Association, National Association of Home Builders, National Leased Housing Association, National Multi Housing Council As above, no return address given.


Authors write to Brady Williamson to express their disappointment the the Commission voted against the consumer bankruptcy proposal offer by Judge Jones at the Commission meeting on August 11 and 12. n/a
NBRC-
1131
Sandra D. HollingsworthNone given


Author notes the high number of bankruptcies filed in Tennessee and feels that this is due to residents of public housing filing in order not to be evicted for failure to pay rent.There should be a restriction on who can file bankruptcy, how often and the purposes for doing so.
NBRC-
1170
Douglas & Yvonne Leong, Deborah Leong, and Darryl LeongResidential rental property ownersSample letter for member of Congress to send to NBRC; Letter from Kianne Feinstein, United States Senator, forwarding the Leong's letter to Congressional Liaison, Department of Housing and Urban Development dated July 11, 1997; Letter from Hal C. DeCell III, Assistant Secretary, HUD, to Brady Williamson date stamped 9/24/97 forwarding Senator Feinstein and the Leong's letters.

Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Mrs. Richard K. WeaverResidential property landlordLetter dated August 28, 1997 from Bob Stump, Member of Congress, to Mr. and Mrs. Richard Weaver.

Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Charlie StillPrincipal Broker, Owner, Still Brothers & AssociatesMemorandum from Senator Phil Gramm dated 6/17/97 forwarding author's letter; Letter from Joseph Patchan, Director, EOUST, dated 9/9/97 responding to Senator Gramm's memorandum.

Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Richard PanResidential property landlord


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
John F. SampsonResidential property landlord


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Fritz & Helen RielResidential property landlords


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Haydon Stanley Government Affairs Director, Georgia Apartment Association Cover letter from Congressman Newt Gingrich dated 8/13/97 forwarding author's letter to The Hon. Brady Williamson, Chairman, NBRC
11 Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted. Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
L.A. "Buddy" Patrick Executive Officer, Atlanta Apartment Association Cover letter from Congressman Newt Gingrich dated 8/13/97 forwarding author's letter to The Hon. Brady Williamson, Chairman, NBRC
11 Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted. Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Wanda Kennedy Residential property landlord


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted. Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Olive Walker Residential property landlord


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted. Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Dion S. Dow Residential property landlord


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Glen WoodmanseeResidential property landlord


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Francis MintzAttorney at Law and Licensed Real Estate Broker


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Matthew G. MartinezMember of Congress


Author is forwarding a form letter sent by the owner of residential rental properties who is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
R. Bruce CampbellPresident, Wallace H. Campbell & Company, Inc.Letter dated July 8, 1997 from Senator Paul Sarbanes to Ms. Susan Jensen-Conklin forwarding the above-referenced letter.

Author is manager of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
D-Ann BrockResidential property landlord


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Larry E. JerniganDirector of Operations, McCam Properties


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Theodore E. OlsenResidential landlord


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Camille DullResidential landlord


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Clyde & Floy GaroutteResidential landlords


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Sheri PerezResidential landlord


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Ray A. ReissResidential landlord


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Julius A. Glogovcsan Sr.Residential landlord


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Michael CoyeCMC, Coye Management Company


Author is manager of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Sharan NandiResidential landlord


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Larry A. Brotman and Claire Wang BrotmanResidential landlords


Authors are owners of residential rental properties and are upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Margaret Lindsey Residential landlords (no address given on letter)


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted. Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Stuart A. ComisAttorney, England, Whitfield, Schroeder & Tredway, LLP


Author represents owners of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted. Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Daniel T. SnellDan Snell Realtors


Author is owner and manager of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Russ Fischer E-mail. No specific title or address given.


Author is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted. Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Sherman R. KnappeE-mail. No title or address given.


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Betty LuskResidential landlord


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
William C. HuntPresident, Keller Enterprises L.L.C.


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Gilbert PalaciosUndated handwritten note. No indication of affiliation.


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Lois & Richard WintersResidential landlords


Authors are owners of residential rental properties and are upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
M. Ray Davis"1776" Realty


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
John GondeckNo affiliation given.


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Thomas DaCosseNo affiliation indicated.


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Mel WickNo affiliation given.


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Jimmie WheelerResidential landlord


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Thomas KeiserAttorney


Author is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
John R. and Anna s. GuerrieroResidential landlords


Authors are owners of residential rental properties and are upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Paul Wi( illegible) Residential landlord (handwritten note, no return address given)


Author is owner of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted. Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Robert J. WiseAttorney, Wise & Ford, L.L.C.


Author represents the owners of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
Connie DeBruinAdministrative Vice-President, Towne & Country Realty of Milwaukee


Author is vice-president of a residential rental properties management company and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.Amend the automatic stay provisions of the Bankruptcy Code to prevent its use from delaying tenant evictions.
NBRC-
1170
M. Wesley Hall, IIIAttorney


Author represents the owners of residential rental properties and is upset that tenants are using the automatic stay provision of bankruptcy proceedings to stay on the premises rent-free when they have defaulted.
 

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