IN RE LEWIS

Bankruptcy No. 81-01004G, Adv. No. 81-0861G.

15 B.R. 643 (1981)

In re Geneva LEWIS, Debtor. Milton FIELDS, Plaintiff, v. Geneva LEWIS and Leonard Goldberger, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

December 8, 1981.


Attorney(s) appearing for the Case

Philip A. Liss, Philadelphia, Pa., for plaintiff, Milton Fields.

Irwin Trauss and David Sambolin, Community Legal Services, Inc., Philadelphia, Pa., for debtor/defendant, Geneva Lewis.

Leonard Goldberger, Philadelphia, Pa., trustee under chapter 7 case.

James J. O'Connell, Philadelphia, Pa., trustee under chapter 13 case.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented herein is whether the automatic stay provisions of § 362(a) of the Bankruptcy Code ("the Code") apply to prevent a landlord from continuing with eviction proceedings against a debtor who remains in possession of premises where the landlord asserts (but the debtor denies) that the lease for those premises terminated before the debtor filed her petition for relief under the Code. We conclude...

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