24 B 17836
Housing Authority of Cook County (“Movant”) brought a motion for relief from stay, seeking authority to continue with its unlawful detainer action against Debtor’s residence.  Debtor objected.  HELD: Motion granted for two reasons.  First, Movant obtained an order of possession prior to the petition date.  Although Debtor filed the certification described in § 362(l)(1), she did not file a further certification.  Therefore, since more than 30 days had elapsed since Debtor filed her petition, the exception to the automatic stay in 11 U.S.C. § 362(b)(22) applied.  Second, even if the exception in § 362(b)(22) did not apply, relief from the stay was warranted under § 362(d)(2).  As a tenant, Debtor did not have an equity in the leased premises.  Although in many chapter 13 cases a debtor’s home is necessary for an effective reorganization, in this case Movant had offered relocation services including an alternative residence, moving expenses and funds for new furniture.  Additionally, the Supreme Court has stated that the effective reorganization must be in prospect.  Debtor had filed a chapter 13 plan, but it was essentially blank.  Therefore, Debtor did not meet her burden of showing that the property was necessary for an effective reorganization and stay relief was appropriate.