Lopez v. Livingston

Opinion

LANDAU, J.

The defendants, Willie Livingston and Barbara Livingston, appeal following the trial court’s denial of their motion to open a judgment of possession in a summary process action that was rendered in favor of the plaintiff, Jose Lopez. On appeal, the defendants claim that the trial court improperly denied their motion to open because, as a matter of law, a stay of the action upon the filing of a bankruptcy petition is mandatory and automatic.1 The plaintiff asserts that although defense counsel made a representation that he filed a petition for bankruptcy on the defendants’…