Does Judge Bason believe that stay as to BOTH debtor AND estate
Posted: Sun Oct 11, 2015 2:13 pm
From Judge Bason's Instructions / Procedures:
B. 362(c)(3) (termination of automatic stay 30 days after filing 2dbankruptcy case in one year). Judge Bason follows In re Reswick, 446B.R. 362 (9th Cir. BAP 2011) (if automatic stay is not continued beyond 30days then it terminates in all aspects, i.e., not only as to the debtorindividually but as to all parties and the bankruptcy estate). See In reHernandez, case no. 2:11-bk-53730-NB, docket #40 (MemorandumDecision). Judge Bason recognizes that termination of the automatic staymay harm creditors, or otherwise undermine important bankruptcy policies,and therefore one of two remedies may be appropriate: (1) if it appears thata plan can be confirmed before irreparable harm occurs, then the bindingeffect of the plan might be a sufficient substitute for the lack of anautomatic stay (see 1327(a)), or alternatively (2) the court can dismiss thebankruptcy case on its own motion and without a bar to filing anotherbankruptcy case. See Hernandez (2:11-bk-53730-NB, dkt. 40) pp. 8:4-10:16.C. 362(d):David S. Shevitz, Esq.
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