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IT IS ORDERED as set forth below: Se ee
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Date: February 17, 2023 Jel LY’, bry!
Paul W. Bonapfel
U.S. Bankruptcy Court Judge
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
IN RE:
| CASE NO. 22-59972-PWB
SHATOYA SHANAY BROWN,
| CHAPTER 7
Debtor.
ORDER DENYING MOTION FOR RECONSIDERATION
The Debtor seeks reconsideration of the January 20, 2023 Order granting
American Residential Leasing Company, LLC’s motion for relief from the automatic
stay with respect to residential real property located at 4711 Plantation Mill Trail,
Buford, GA 30519. Because the Debtor has cited no factual or legal grounds for
reconsideration, the motion is denied.
A motion for reconsideration shall not be filed as a matter of routine practice
and should only be filed if a party believes it is “absolutely necessary.” BLR 9023-1,
NDGa. A motion for reconsideration is narrow in scope. Reconsideration of an order
is appropriate in the limited circumstances where there exists: (1) newly discovered
evidence; (2) an intervening development or change in controlling law; or (3) a need
to correct a clear error of law or fact. Bryan v. Murphy, 246 F.Supp.2d 1256, 1258-59
(N.D. Ga. 2003).
American Residential Leasing’s motion was originally scheduled for hearing
on January 4, 2023. Based upon the Debtor’s request for a continuance due to a
medical issue, American Residential Leasing agreed to reschedule the hearing on its
motion to January 18, 2023. The Debtor did not appear at this hearing to oppose the
motion and, based on the lack of opposition, the motion was granted.
Unbeknownst to the Court, on January 17, 2023 at 3:40 p.m., the Clerk
received for filing by electronic mail a request for continuance of the hearing from
the Debtor’s mother. The request was not docketed until January 18, 2023, at 3:42
p.m., after the hearing.
But, as the Court explained in its Order denying the continuance entered
January 25, 2023, even if it had been aware of the request for continuance at the time
of the hearing it would not have granted it because a non-attorney cannot represent
another party in federal court. The Court denied the Debtor’s motion without
prejudice to her right to seek reconsideration of the entry of the Order if facts and the
law would support such a motion.
The Debtor’s motion for reconsideration of the Court’s January 20, 2023 Order
cites no new evidence, no change in controlling law, and no error of fact or law to
warrant reconsideration of the Order. While the Debtor states that she was under the
influence of medication following surgery that rendered her unable to understand the
matter at hand, she does not set forth a factual or legal defense to the motion for relief
from the automatic stay that would compel the Court to reconsider its ruling.
The Court’s January 20, 2023 Order modified the automatic stay (1) to permit
American Residential Leasing to pursue its state law remedies to recover possession
of the property; and (2) to seek a monetary judgment for postpetition rent but
prohibited collection during the pendency of the bankruptcy case. Although not stated
in the Order, the prepetition debt owed to American Residential Leasing will be
discharged.
This is routine relief granted in a chapter 7 case. This is because chapter 7 is
not designed for the resolution of landlord-tenant disputes. The chapter 7 trustee did
not oppose the motion for relief from the automatic stay. The trustee has since filed a
report of no distribution. To that end, the estate has no interest in the relationship
between the Debtor and American Residential Leasing Company. More importantly,
the Order permits the parties to exercise their rights under Georgia law in an
appropriate nonbankruptcy forum that has the jurisdiction and authority to resolve
factual and legal disputes between the parties.
Accordingly, it is
ORDERED that the motion for reconsideration of the Court’s January 20, 2023
Order is denied. The Debtor is free to exercise any and all legal rights in a
nonbankruptcy forum.
END OF ORDER
Distribution List
Shatoya Shanay Brown
4711 Plantation Mill Trl
Buford, GA 30519
Joseph P Farrell
O'Kelley & Sorohan, Attorneys at Law LLC
Suite 375
2170 Satellite Blvd.
Duluth, GA 30097