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IN RE JAVENS

No. 95-1379.

107 F.3d 359 (1997)

In re Harry JAVENS and Joyce Javens, Debtors. Harry JAVENS and Joyce Javens, Plaintiffs-Appellants, v. CITY OF HAZEL PARK and City of Royal Oak, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 19, 1997.

Attorney(s) appearing for the Case

Hugh M. Davis, Jr. (argued and briefed), Hugh M. Davis, Jr., P.C., Detroit, MI, Harry Javens, Troy, MI, for Harry Javens, Joyce Javens.

Arnold J. Shifman, Philip H. Seymour (argued), Cooper, Shifman, Gabe, Quinn & Seymour, Royal Oak, MI, Susan M. Lancaster (briefed), Sherman & Sherman, Bingham Farms, MI, for City of Hazel Park.

Lawrence A. Friedman (argued and briefed), Southfield, MI, for City of Royal Oak.

Before: KRUPANSKY, BOGGS, and SILER, Circuit Judges.

BOGGS, Circuit Judge.

Municipal authorities demolished three condemned buildings owned by Harry and Joyce Javens after they filed for bankruptcy. Should the automatic stay provisions of the Bankruptcy Code have required those authorities to desist from that exercise of local might? The district court and bankruptcy court below held that the Code did not prevent the Cities of Hazel Park and Royal Oak from sending bulldozers to enforce their laws. After careful consideration...

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