United States District Court, D. New Jersey
In .Re ANDREA NEWTON, Debtor. Newton et al., Plaintiff,
Clinton Palmer, Defendant.
McNulty, United States District Judge.
matters come before the Court on the applications of pro
se Debtor Andrea Newton and her husband, Mark Newton,
for an order "staying the execution and any proceedings
regarding the orders entered on" September 19, 2017,
October 6, 2017, and November 14, 2017 by the United States
Bankruptcy Court pending appeal to this Court. (Civ. No.
17-8377, DE 7). The petition filed in the bankruptcy matter
is not a joint petition - only Ms. Newton has filed a Chapter
7 petition for bankruptcy and is deemed the debtor.
different orders are presented in this appeal: (1) a
September 19, 2017 Order that incorporated a settlement
between Appellants and their landlord, Clinton Palmer; (2) an
October 6, 2017 Order that granted relief from the automatic
stay in bankruptcy to Palmer to proceed with eviction
proceedings against Appellants for their failure to comply
with the September 19, 2017 Order; and (3) a November 7, 2017
Order denying Mr. Newton's application to intervene in
Ms. Newton's bankruptcy proceeding.
following reasons, the Newtons' motion for a stay pending
appeal is denied.
April of 2017, Clinton Palmer filed a summary eviction
proceeding against the Appellants for non-payment of rent.
(DE 26, 1|9; DE 7-2, ¶9). On May 1, 2017, Ms. Newton
filed a Chapter 7 bankruptcy petition in the United States
Bankruptcy Court for the District of New Jersey. (DE 7-2,
¶ 10). On July 7, 2017, Palmer filed a motion in the
United States Bankruptcy Court for relief from the automatic
stay under 11 U.S.C. §362(a). (Bankr. No. 17-19019, DE
August 30, 2017, a hearing was held on the motion to lift the
automatic stay. (Bankr. No. 17-19019, DE 89-90, 92-94). Mr.
Palmer appeared pro se, and Ms. Newton was represented by pro
bono counsel. (Id.; see also DE 26, ¶13). As a
result of that hearing, the parties put a settlement
agreement on the record. The agreement was later, on
September 19, 2017, so-ordered in writing by the Bankruptcy
Court. (DE 1-1 (the "Settlement Order")).
substance, the terms of the August 30 settlement and the
Settlement Order required Palmer to provide an exterminator
to address a bed bug problem in the Newtons' apartment;
thereafter, the Newtons would vacate the apartment within
thirty (30) days. The Order provides as follows:
This matter having been opened to the Court on Motion of
Clinton and Janet Palmer for Relief from the Automatic Stay
to pursue eviction proceedings against the Debtor; and
Clinton and Janet Palmer having appeared pro se and the
Debtor having appeared through counsel, Bruce H. Levitt,
Esq., and it having been represented to the Court by all
parties that the matter has been resolved between them, and
agreement to the settlement terms having been put on the
record by Clinton and Janet Palmer, the Debtor, and Mark
Newton, the Debtor's non-filing spouse,
ORDERED AS FOLLOWS:
1. "DE" refers to the docket entry number in Civ.
3. The Debtor and Mark Newton will cooperate with the
professional hired by the Palmers and provide all access to
the apartment required to complete the remediation.
5. The Debtor and Mark Newton will vacate the premises no
later than 30 days after written proof from the professional
hired by the Palmers has been provided to the Debtor and Mark
Newton and Bruce H. Levitt, Esq., counsel to the Debtor, that
the bed bug problem has been remediated.
6. Stay relief is granted to the Palmers to pursue eviction
on the 30th day after notice of remediation of the bed bug
problem as set forth in the preceding paragraph.
7. Neither the Debtor nor Mark Newton will pursue any claim
against the Palmers related to the motion for stay relief or
the bed bug problem raised in ...