Case Information
*1 IT IS ORDERED as set forth below:
Date: January 8, 2026
_________________________________ Paul W. Bonapfel U.S. Bankruptcy Court Judge _______________________________________________________________ IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION
IN RE: ) )
Brittany Lewis, )
Debtor(s). )
) ) CASE NO. 25-62943-pwb
) CHAPTER 7 Progress Residential Borrower 13, LLC ) ) Judge Paul W. Bonapfel Movant. ) ) CONTESTED MATTER V.
) )
Brittany Lewis, Debtor(s), ) Tamara miles Ogier, Trustee ) ) )
Respondents. ) ORDER GRANTING RELIEF FROM AUTOMATIC STAY
On December 8, 2025, Progress Residential Borrower 13, LLC, ( hereinafter, “Movant” ) *2 filed a Motion For Relief From Automatic Stay (Doc. No. 12) (the “Motion”) . The Motion concerns rented real property known as 4782 Brookwood Pl, Atlanta, GA 30349 (the "Property"). Within the Motion, proper notice – as asserted by Movant - of the opportunity to object and for hearing was provided pursuant to the procedures in Fifth Amended and Restated General Order No. 24-2018 and no objection to the motion was filed prior to the objection deadline.
The Court, having considered the Motion and all other matters of record, including the lack of objection thereto, and based on the foregoing, no further notice or hearing is required, and the Court finds that good cause exists to grant the relief requested in the Motion. Based on the foregoing and pursuant to Fifth Amended and Restated General Order No. 24-2018, the Court hereby GRANTS Movant relief from the automatic stay for all purposes allowed by law including, but not limited to, the right for Movant to proceed with a Dispossessory Action and judgment to obtain possession of the Property. Accordingly, it is hereby
ORDERED that Movant may obtain a post-petition judgment within the course of a dispossessory action to recover possession of the Property. Movant is not permitted to pursue any collection activities on any post-petition judgment as to property of the estate or any property that the Debtor has exempted under 11 U.S.C. sec. 522(b).
ORDERED that the automatic stay of 11 U.S.C. s 362(s) shall remain in effect to prohibit Movant from enforcing a personal judgment against the Debtor for any money due under the Lease.
ORDERED that Movant may obtain a post-petition judgment within the course of a dispossessory action to recover possession of the Property, but Movant is not permitted to pursue any *3 collection activities on said post-petition judgment as to property of the estate during the pendency of the instant Bankruptcy.
ORDERED that, pursuant to Movant’s Motion, the 14 day stay prescribed by Bankruptcy Rule 4001(a)(3) is waived to allow Movant to proceed immediately with a dispossessory action.
[END OF DOCUMENT]
Order presented by: T HE T OTTEN F IRM , LLC
5579 Chamblee-Dunwoody Rd, Ste B-136, /s/ Matthew F. Totten Atlanta, GA 30338 MATTHEW F. TOTTEN Tel: (404) 692-4342 Email: mft@tottenfirm.com (Georgia Bar No. 798589) Distribution List:
Matthew Totten, Esq.
T HE T OTTEN F IRM , LLC
5579 Chamblee-Dunwoody Rd, Ste B-136,
Atlanta, GA 30338
Curt Olof Lindstrom II
The Semrad Law Firm, LLC
191 Peachtree St NE, Ste 3285
Atlanta, GA 30303
Attorney for Debtor
U.S. Trustee
Office of the United States Trustee
362 Richard Russell Building
75 Ted Turner Drive, SW
Atlanta, GA 30303
Tamara Miles Ogier
Ogier, Rosenfeld & Steil, P.C.
PO Box 1547
Decatur, GA 30031
Chapter 7 Trustee
Brittany Lewis, Debtor
4782 Brookwood Pl
Atlanta GA 30349