Asked by Blake Lansing on May 05, 2024

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According to the 2005 revisions of the Bankruptcy Code:

A) any eviction proceedings in which the landlord obtained a judgment of possession prior to the filing of the bankruptcy petition can be continued.
B) any eviction proceedings in which the landlord obtained a judgment of abandonment prior to the filing of the bankruptcy petition can be continued.
C) any eviction proceedings in which the landlord obtained a judgment of defeasance prior to the filing of the bankruptcy petition can be continued.
D) any eviction proceedings in which the landlord obtained a judgment of vicarious liability prior to the filing of the bankruptcy petition can be continued.

Eviction Proceedings

Legal processes initiated by a landlord to remove a tenant from a rental property for reasons such as non-payment of rent or violation of lease terms.

2005 Revisions

refers to amendments or changes made to a specific set of laws, regulations, or standards in the year 2005, without specifying the jurisdiction or field.

Judgment Of Possession

A legal decree that assigns ownership of a property to a particular party, typically following a dispute resolution.

  • Understand the implications of the 2005 revisions on bankruptcy law.
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Verified Answer

LB
Laura BrackeenMay 11, 2024
Final Answer :
A
Explanation :
In 2005,Congress added two additional exceptions from the automatic stay provisions for the benefit of landlords seeking to evict tenants.First,any eviction proceedings in which the landlord obtained a judgment of possession prior to the filing of the bankruptcy petition can be continued.Second,in cases where the landlord's claim for eviction is based on the use of illegal substances on the property or "endangerment" of the property,the eviction proceedings are exempt from the stay even if they are initiated after the bankruptcy proceeding was filed so long as the endangerment or illegal use occurred within 30 days before the filing.