Bankruptcy Court Lets Tenant's Eviction Proceed

(Decisions submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. After landlord started the case, but before trial, tenant filed for bankruptcy protection. Under federal bankruptcy law, this resulted in an automatic stay of the eviction proceeding. Landlord asked the bankruptcy court to lift the stay. At first, the court ruled for landlord in part. The court said that landlord could continue the nonpayment case to the point of judgment but could not evict. In later decisions, the court dismissed tenant's bankruptcy application and lifted the stay altogether. Tenant was an attorney with a solo practice who stated that his financial problems were due to not being paid by his clients. He didn't have any job loss, health crisis, or mortgage refinancing problems. Tenant also failed to file financial statements in support of his bankruptcy petition on time.

In re: Miller: Case No. 07-13481 (1/4/08,2/28/08, 3/24/08)(SDNY; Glenn, J)