Legal Opinion
Harris v. Boyd G. Montgomery Testamentary Trust (In re Harris)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided February 15, 2006No. 05-6050EAPublished
1Opinion of the Court
MCDONALD, Bankruptcy Judge.
Johnny Harris (“Debtor”) appeals the bankruptcy court’s1 order granting the motion of the Boyd G. Montgomery Trust (the “Trust”) to terminate the automatic stay. We affirm for the reasons set forth below.
*923I.
Debtor leased non-residential real property from the Trust. The Trust terminated the lease effective May 81, 2005. Debt- or, however, failed to vacate the premises.
Debtor filed his petition for relief under Chapter 13 of the Code on June 23, 2005. Debtor was still in possession of the premises on the petition date. The Trust filed a motion on August 4, 2005 for…
2Cases cited7 opinions
- In Re Aida Lucilla Rosinski D/B/A New Caravan Garden Bar, Debtor. Aida Rosinski D/B/A New Caravan Garden Bar v. Willard BoydCourt of Appeals for the Sixth Circuit · 1985
- Thomas D. Stalnaker, Trustee v. Dlc, Ltd., a Nebraska Corporation Dlc Family Trust, Ltd., a Nebraska CorporationCourt of Appeals for the Eighth Circuit · 2004
- In Re David Allen Hairopoulos, Debtor. United States of America, Acting by and Through the Internal Revenue Service v. David Allen HairopoulosCourt of Appeals for the Eighth Circuit · 1997
- In Re Christopher Banks in Re Diane M. Banks, Debtors. Christopher Banks v. Sallie Mae Servicing Corporation Educational Credit Management Corporation, United States of America, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 2002
- In Re: John Samuel Marlar, Debtor, John Samuel Marlar, Debtor-Appellant v. Renee S. Williams, Trustee-AppelleeCourt of Appeals for the Eighth Circuit · 2005
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