Legal Opinion

Smith v. St. Louis Housing Authority (In Re Smith)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided March 23, 2001No. 00-6093EMPublishedCited by 5 opinions

1Opinion of the Court

SCOTT, Bankruptcy Judge.

I. Factual Background

Wyseda Smith resides in public housing. That is, her rent is subsidized by the Public Housing Authority as administrator of housing assistance funds. The Housing Authority pays directly to Ms. Smith’s landlord a specific amount each month for Ms. Smith to rent an apartment. If her benefits terminate, the Housing Authority would no longer pay this subsidy, and the landlord, not receiving the rent obligation, would have the right to seek her eviction from the premises. 1

Under the applicable regulations, the debtor, like all recipients of the public…

2Cases cited5 opinions

  1. Gibbs v. Housing Authority of City of New HavenDistrict Court, D. Connecticut · 1983
  2. In Re BaconUnited States Bankruptcy Court, E.D. Pennsylvania · 1997
  3. Spruce Ltd. Partnership v. Lutz (In Re Lutz)United States Bankruptcy Court, M.D. Pennsylvania · 1988
  4. In Re HobbsUnited States Bankruptcy Court, M.D. Florida · 1997
  5. Atlantic Gulf Communities Corp. v. Tax Collectors of St. Lucie County (In re General Development Corp.)District Court, S.D. Florida · 1994

3Cited by5 opinions

  1. In Re ValentinUnited States Bankruptcy Court, E.D. Pennsylvania · 2004
  2. Potter v. City of Hanceville (In Re Potter)United States Bankruptcy Court, N.D. Alabama · 2006
  3. Kimsey v. Suskie (In Re Kimsey)United States Bankruptcy Court, E.D. Arkansas · 2001
  4. Federal Communications Commission v. Nextwave Personal Communications Inc.Supreme Court of the United States · 2003
  5. Federal Communications Commission v. Nextwave Personal Communications Inc.Supreme Court of the United States · 2003

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