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When does the Automatic Stay cease?
The Stay against the debtor terminates upon discharge, but as
against property of the estate it remains until the property is no
longer property of the estate, which usually occurs upon the closing
of the case, or formal abandonment by the Trustee.
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Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
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Does anyone disagree that the automatic stay remains in effect until the
closing order is entered in a Chapter 7? I have a creditor proceeding
with a judgment lien sale. Debtor has received a discharge but the
Chapter 7 is not closed and the motion to avoid creditor's lien has been
filed. Creditor filed an opposition to the motion to avoid lien and a
hearing is pending. However, creditor believes it can proceed based on
the discharge.
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
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