Fwd: Is a motel "residential property" within meaning of 362
Posted: Fri May 10, 2013 2:28 pm
are you saying this? Lessor leases building to corporation owned by
Debtor. Debtor's corporation "owns and operates" a motel from leased
building. Debtor is a resident of said motel.
i am confused, but i think that 362(b)(22),(l) only apply to a
post-UD-judgment scenario so that would mean that either the corporation
has a UD judgment for possession against the Debtor or the Lessor has a UD
judgment.
i don't know what a post-rent box is?
On Fri, May 10, 2013 at 11:11 AM, Giovanni Orantes wrote:
> **
>
>
I left out the fact that the corporation's sole owner lived in the motel.
So, does 362(b)(22) apply so as to require compliance with 362(l)?
> Individual owns motel through corporation. Purported lessor of motel
> to corporation gets relief from stay. Individual files Chapter 7 and fails
> to check off the post-rent box (or post rent). Does Section 362(b)(22) mean
> that the stay is not in effect? Individual was not a tenant under a lease
> as he owned the corporation that owned the motel business (so he didn't
> give himself a lease) and the lessor would be the motel, not the real
> property owner.
>
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are you saying this? Lessor leases building to corporation owned by Debtor. Debtor's corporation "owns and operates" a motel from leased building. Debtor is a resident of said motel.
i am confused, but i think that 362(b)(22),(l) only apply to a post-UD-judgment scenario so that would mean that either the corporation has a UD judgment for possession against the Debtor or the Lessor has a UD judgment.
i don't know what a post-rent box is?On Fri, May 10, 2013 at 11:11 AM, Giovanni Orantes <go@gobklaw.com> wrote:
The post was migrated from Yahoo.