VIVIAN DALENCOUR
v.
BTI 1179, LLC
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A default final judgment of eviction entered after a debtor files a bankruptcy petition is void because it violates the automatic stay that arises as a matter of law upon bankruptcy filing.
[1] An eviction judgment entered after a debtor files a bankruptcy petition is void as a violation of the automatic stay that arises by operation of law upon bankruptcy filin…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Upon the commencement of a bankruptcy case, an automatic stay arises as a matter of law.”
Citation to In re Dorsey, 373 B.R. 528, 530 (Bankr. N.D. Ohio 2007), establishing the foundational principle that the automatic stay is triggered automatically upon bankruptcy filing.
Vivian Dalencour, a pro se appellant, was subject to an eviction action by BTI 1179, LLC. Dalencour filed a federal bankruptcy petition prior to the t…
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Third District Court of Appeal State of Florida
Opinion filed January 28, 2026. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-1555 Lower Tribunal No. 24-220940-CC-24 ________________
Vivian Dalencour, Appellant,
vs.
BTI 1179, LLC, Appellee.
An Appeal from the County Court for Miami-Dade County, Stephanie Silver, Judge.
Vivian Dalencour, in proper person.
Lipmann Law Offices, P.A., and Mark R. Lippman (Orlando), for appellee.
Before SCALES, C.J., and EMAS and FERNANDEZ, JJ.
PER CURIAM.
2
ON CONFESSION OF ERROR
Pro se appellant, Vivian Dalencour, appeals a default final judgment of eviction entered on July 16, 2025. A review of the docket reveals appellant filed a petition for federal bankruptcy protection prior to entry of the default final judgment and writ of possession.1 The court notes, however, that the trial court did not have the benefit of this information at the time it entered the judgment on appeal. Nonetheless—and as counsel for appellee has properly and commendably conceded—the default final judgment and writ of possession were entered in error, in light of the automatic stay triggered by appellant’s filing of the bankruptcy petition. See In re Dorsey, 373 B.R. 528, 530 (Bankr. N.D. Ohio 2007) (“Upon the commencement of a bankruptcy case, an automatic stay arises as a matter of law.”) (citing 11 U.S.C. § 362(a)); In re Striblin, 349 B.R. 301, 303 (Bankr. M.D. Fla. 2006) (“The automatic stay operates to enjoin a creditor from attempting to possess or to exercise control over property of a bankruptcy estate once a petition has been filed.”); Chistopher v. Bank of America, N.A., 323 So. 3d 838, 842 (Fla. 2d DCA 2021) (“An action taken in violation of the automatic stay has been
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