New Provision Allowing Landlord to Complete Prepetition Eviction Doesn't Affect Public Housing Tenant's Rights

摘要

The new provision in the Bankruptcy Code allowing a landlord to complete eviction proceedings under a judgment obtained prior to the filing of a bankruptcy petition doesn't affect a public housing tenant's right to retain possession of a unit under prior law, the U.S. Bankruptcy Court for the Southern District of Florida, Miami Division, ruled. (In re Kelly, No. 06-15519-BKC-RAM, 2006 WL 3704690 (Bankr.S.D.Fla.), December 1, 2006) The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) added Sections 362 (b) (22) and 362(1) to the Code.