Burnetta Arlene Coles

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
BURNETTA ARLENE COLES,
Debtor.
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Case No. 05-00124
(Chapter 7)
DECISION RE MOTION FOR RELIEF FROM AUTOMATIC STAY
The District of Columbia Housing Authority has filed a
motion for relief from the automatic stay to evict the debtor
from a residence leased pursuant to a public housing lease
with the Authority.
The lease has been breached by reason of a monetary
default, and that furnishes a basis for obtaining possession
of the premises, in exercise of the Authority's in rem rights
under the lease. In re Miller, 103 B.R. 353 (Bankr. D.D.C.
1989). The discharge injunction of 11 U.S.C. § 524(a) does
not bar enforcement of in rem obligations, as opposed to
personal obligations.
Nor does 11 U.S.C. § 525(a) bar enforcement of those in
rem rights, even if the lease is a “grant” within the meaning
The decision below is signed as a decision of
the court.
Signed: June 16, 2005.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 05-00124 Doc 41 Filed 06/17/05 Entered 06/17/05 09:09:23 Desc Main
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2	O:\JUDGEFIL\CODESEC\525(a)\Coles (Burnetta) 525(a) Does Not Bar Enfct of In Rem Rights re Public Housing Lease in Default v2.wpd
of that provision. See In re Bacon, 212 B.R. 66, 75-76
(Bankr. E.D. Pa. 1997). Accord, In re Valentin, 309 B.R. 715,
723-24 (Bankr. E.D. Pa. 2004); In re Hobbs, 221 B.R. 892, 896
(Bankr. M.D. Fla. 1997). The court declines to follow Stoltz
v. Brattleboro Housing Auth. (In re Stoltz), 315 F.3d 80, 86
(2d Cir. 2002), in which the court, with one member of the
three-judge panel dissenting, reached a contrary conclusion.
An order follows granting relief from the automatic stay.
[Signed and dated above.]
Copies to: Debtor; Melinda M. Bolling.
Case 05-00124 Doc 41 Filed 06/17/05 Entered 06/17/05 09:09:23 Desc Main
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