Parks v. Cardone (In re Cardone)
Docket: Bankruptcy No. 89-183; Motion No. 89-73
Court: United States Bankruptcy Court, D. Delaware; May 25, 1989; Us Bankruptcy; United States Bankruptcy Court
Alvera Parks, owner of the mobile home community Enchanted Acres, sought relief from the automatic stay provisions under 11 U.S.C. § 362(a) to proceed with a writ of execution for possession against tenants Charles and Theresa Cardone, who filed for Chapter 7 bankruptcy on April 3, just before a scheduled eviction. The Cardones have not paid lot rent since April 1988, claiming no rent is owed until Parks addresses a septic system issue. A jury trial resulted in a verdict against the Cardones, which was upheld by an appellate court that dismissed their appeal. A subsequent motion for relief from judgment was denied, although the court allowed an appeal to the Superior Court limited to non-possession issues. Parks requested relief under 11 U.S.C. § 362(d)(1) for cause, while the Cardones argued they should be allowed to appeal all aspects of the judgment, asserting that Parks is not entitled to relief until a trial de novo occurs in Superior Court. However, the Delaware Supreme Court's ruling in Bomba’s Restaurant v. Lord De La Warr Hotel clarified that there is no right of appeal to the Superior Court on a writ of possession, indicating that the Cardones' case can proceed separately regarding monetary issues. The Cardones’ bankruptcy is a no-asset case, and they have not paid rent since filing, showing no intention to pay until their appeal is resolved. Additionally, a discussion on potential reaffirmation agreements was inconclusive and irrelevant to Parks' request. The court found that Parks met the criteria for relief under § 362(d)(1), as the statute allows for relief to be granted if either subsection is satisfied. Thus, an order granting relief was issued.