In re Butler
Bankruptcy Court for the Central District of California
271 B.R. 867 (2002)
After Tiphany Butler (plaintiff/debtor) defaulted on rent, landlord Westside Apartments (defendant) obtained a state-court unlawful-detainer judgment and a writ of possession authorizing the sheriff to evict her. The day after being served notice to vacate, Butler filed Chapter 7 bankruptcy and told the sheriff the eviction must be stayed; when the sheriff proceeded anyway, Butler obtained an emergency stay of the eviction. Westside then moved in bankruptcy court for relief from the automatic stay so it could complete the eviction.
Whether a debtor's mere possession of property, though unlawful, constitutes an equitable interest in property protected under the federal automatic stay provisions.