Khiyana De'Ann Preston

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
In Re 	)
)
KHIYANA DE’ANN PRESTON 	) 	Case No. 26-10127
) 	Chapter 7
Debtor(s) 	) 	Judge Buchanan
)
OPINION AND ORDER GRANTING MOTION FOR RELIEF FROM STAY
[Docket Numbers 22 and 27]
[This opinion is not intended for publication.]
This case is before this Court on 2900 Colerain Ave OZ LLC’s Motion for Relief from Stay
[Docket Numbers 22 and 27] (the “Motion”) and Khiyana De’Ann Preston’s Response [Docket
Number 31]. An evidentiary hearing was held on April 23, 2026. Mr. Stasiu Geleszinski testified
on behalf of 2900 Colerain Ave OZ LLC, which entity was represented by counsel at the hearing.
Ms. Preston, proceeding pro se, testified on her own behalf. No exhibits were entered into
evidence. The following are this Court’s findings of fact and conclusions of law.
This document has been electronically entered in the records of the United
States Bankruptcy Court for the Southern District of Ohio.
IT IS SO ORDERED.
Dated: May 19, 2026
Case 1:26-bk-10127 Doc 38 Filed 05/19/26 Entered 05/19/26 15:23:33 Desc Main
Document Page 1 of 3

2900 Colerain Ave OZ LLC (“Creditor”) owns a six-unit apartment building located at
2900 Colerain Ave., Cincinnati, Ohio 45255. Mr. Stasiu Geleszinski is a co-owner and managing
member of the company and is the property manager for the apartment complex. On or about
August 1, 2025, Khiyana De’Ann Preston (“Debtor”) and Creditor entered into a lease agreement
for Debtor to reside at the premises located at 2900 Colerain Avenue, Apartment #6, Cincinnati,
Ohio 45255 (the “property”). Debtor’s monthly rent payment is $1,495 plus $50 for utilities and
$50 for a parking permit fee, for a total of $1,595 per month.1 Debtor made only one payment in
August 2025. On October 6, 2025, Creditor initiated an eviction proceeding in the Hamilton
County Municipal Court. The eviction was set for hearing on January 23, 2026. On January 22,
2026, Debtor filed her bankruptcy petition. Besides the August 2025 payment, the Debtor has not
made any pre-petition or post-petition rent payments. In her Response, the Debtor initially
requested to remain at the property until a discharge is granted in her bankruptcy case. At the
hearing, however, the Debtor stated that she intends to vacate the property.
Bankruptcy Code Section 362(d)(1) provides, in relevant part, that:
(d) On request of a party in interest and after notice and a hearing, the court
shall grant relief from the stay provided under subsection (a) of this section,
such as by terminating, annulling, modifying, or conditioning such stay—
(1) 	for cause, including the lack of adequate protection of an interest
in property of such party in interest[.]
11 U.S.C. § 362(d)(1).
A landlord is not adequately protected if the tenant fails to pay post-petition rent. In re
Dorsey, 664 B.R. 244, 252 (Bankr. W.D. Tenn. 2024). Accordingly, a debtor’s post-petition failure
1 The lease agreement was not entered into evidence. It is unclear from the testimony whether the monthly utility
charge ($50) and the parking permit fee ($50) were provisions in the lease agreement or charges pursuant to a separate
agreement between the Creditor and the Debtor.
Case 1:26-bk-10127 Doc 38 Filed 05/19/26 Entered 05/19/26 15:23:33 Desc Main
Document Page 2 of 3

to pay rent and other assessments required by the terms of a lease agreement constitutes “cause”
to grant a landlord relief from the automatic stay. Id.
In this case, Debtor has failed to pay any post-petition rent to Creditor. Further, Debtor
stated that it is her intention to vacate the property. Therefore, Creditor has established sufficient
“cause” to be entitled to relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1).
Accordingly, the Motion is GRANTED.
The automatic stay is terminated to allow 2900 Colerain Ave OZ LLC to pursue its non-
bankruptcy law remedies with respect to the property located at 2900 Colerain Avenue, Apartment
#6, Cincinnati, Ohio 45255, including an in rem action and relief in state court to evict Debtor
Khiyana De’Ann Preston from the premises, but not to seek monetary relief from Debtor Khiyana
De’Ann Preston related to any pre-petition claims against her.
SO ORDERED.
Distribution List:
Default List
Case 1:26-bk-10127 Doc 38 Filed 05/19/26 Entered 05/19/26 15:23:33 Desc Main
Document Page 3 of 3