11 U.S.C. § 362

In a Chapter 7 case, the automatic stay continues until a discharge is granted or denied.

Carver v. Heisner · filed 1993-02-24(c)(2)(C)

The automatic stay in a case under chapter 7 continues until the time a discharge is granted or denied. 11 U.S.C. § 362(c)(2)(C). In this case, the automatic stay terminated no later than December 15, 1986.

Section 362(c)(1) ends the automatic stay as to property when the bankruptcy estate abandons its interest in that property.

Cooper v. Walker (In Re Walker) · filed 1993-02-25(c)(1)

Accordingly, the property, having been abandoned, the automatic stay is no longer in effect as to the insurance policy.

Section 362(c)(2)(B) ends the automatic stay when a bankruptcy case is dismissed, so an order limiting relief from that stay generally has no effect after dismissal.

Miller v. World Investigation & Security Co. · filed 1993-06-16(c)(2)(B)

We read this language in Hoxie to mean that section 349 has no effect on orders pursuant to section 362 simply because orders lifting stay are unnecessary once dismissal of the bankruptcy has automatically vacated the stay.

Section 362(c) continues the stay of estate property until the property leaves the estate or the bankruptcy case closes or is dismissed.

Alliance Railroad Community Credit Union v. County of Box Butte · filed 1993-07-23(c)

The Bankruptcy Code clearly provides in 11 U.S.C. § 362(c) that the stay continues until such property is no longer property of the estate, through such activities as sale, abandonment, or exemption, or if the bankruptcy case is closed or dismissed.

The automatic stay over estate property ends when the property vests in the debtors upon confirmation of their Chapter 11 plan.

Quillen v. United States · filed 1993-08-06(c)(1)

At that time all property of the estate vested in the Quillens as debtors, see 11 U.S.C. § 1142(b), and the automatic stay dissolved, see 11 U.S.C. § 362(c)(1).

Section 362(c)(2)(C) ends the automatic stay when a discharge is granted, so acts taken afterward do not violate the stay.

Martin v. AVCO Financial Services (In Re Martin) · filed 1993-08-12(c)(2)(C)

While the Creditor is correct that its actions did not violate the automatic stay of 11 U.S.C. § 362, that is only because the Creditor’s actions were taken after the stay was no longer in place.

Section 362 keeps a pending state court action stayed until the bankruptcy case closes or the bankruptcy court grants relief from the stay.

Pardue v. Potter · filed 1994-02-04(c)

Under 11 U.S.C. § 362(a), (b), and (c), the automatic stay of the pending action in the Madison County Circuit Court was continuous until Pardue's case in bankruptcy was closed or until the bankruptcy court, upon application and hearing, granted relief from the stay.

Section 362(c)(2)(B) ends the automatic stay when the bankruptcy case is dismissed, so a court order entered after dismissal is not stayed.

Reichenbach v. Kizer (In Re Reichenbach) · filed 1994-12-05(c)(2)(B)

First, the debtor is in error that an automatic stay was in existence on September 27,1993, when the state court entered its final orders confirming and approving the sale of real property. The Chapter 13 bankruptcy ease, No. 93-50125S, had been dismissed by an Order entered on September 3, 1993. Thus, the automatic stay ceased on that date. 11 U.S.C. § 362(c)(2)(B).

The stay of an action against the debtor expires when the bankruptcy case closes and is not revived when the case is reopened.

Fidelity National Title Insurance v. Franklin (In Re Franklin) · filed 1995-03-31(c)(2)

The stay has expired with respect to Fidelity’s nondischargeability action because it is directed against Franklin and not against the property of the bankruptcy estate and because it was not filed before the ease was closed. Similarly, Franklin’s dischargeable omitted debt defense is not directed against property of the estate. The automatic stay is not revived when the case is reopened.

The automatic stay terminates when the bankruptcy case is dismissed.

In Re Clifford · filed 1995-05-25(c)(2)(B)

At the time the levy was served, the bankruptcy case was dismissed and hence the automatic stay had terminated per 11 U.S.C. § 362(c)(1) and (c)(2)(B).

Section 362(c)(2)(B) terminates the automatic stay when a bankruptcy case is dismissed, including a conditional dismissal unless the bankruptcy court clearly indicates otherwise.

Zaklama v. Commissioner · filed 1995-12-12(c)(2)(B)

Consistent with the approach taken by this Court in Allison v. Commissioner, supra at 546-547, and Kieu v. Commissioner, 105 T.C. ___ (1995), we proceed on the premise that the automatic stay is terminated upon dismissal of a bankruptcy case (whether conditional or otherwise) absent a clear indication from the bankruptcy court to the contrary.

Section 362(c) dissolves the automatic stay when the bankruptcy case is dismissed, leaving no stay to restore through an appeal of an earlier order lifting it.

In the Matter of Mary K. Prestandrea, Debtor-Appellant v. Advance Bank, S.B. · filed 1996-03-01(c)

Under 11 U.S.C. § 362(c) an automatic stay of the nature that Prestandrea obtained originally upon filing suit would be dissolved.

Section 362(a) protects a debtor upon filing even a skeletal bankruptcy petition.

In Re Robinson · filed 1996-07-25(a)

Filing even a skeletal petition secures the protection of the automatic stay of 11 U.S.C. § 362(a) for both the honest debtor and the abusive debtor.

Section 362(c)(1) ends the automatic stay as to property once it leaves the bankruptcy estate, making relief from stay unnecessary after the property vests in a reorganized debtor at confirmation.

Carter v. Peoples Bank & Trust Co. (In Re BNW, Inc.) · filed 1996-08-26(c)(1)

Under 11 U.S.C. § 362(c)(1), once property is no longer “property of the estate,” it is no longer subject to the stay. The real property of BNW was no longer “property of the estate” as it had vested in the reorganized BNW at confirmation.

Section 362 bars a secured creditor from foreclosing during a bankruptcy proceeding unless the creditor establishes good cause for relief from the automatic stay.

Forlini v. Northeast Savings, F.A. · filed 1996-09-12

The Code’s automatic stay provision prohibits a secured creditor from foreclosing during the pendency of the bankruptcy proceeding unless the creditor can establish good cause to grant relief from the stay.

Section 362(a)(2) stays enforcement of a judgment against the debtor’s property when a bankruptcy petition is filed, and the stay remains in effect until discharge under subsection (c)(2)(C).

Trustmark National Bank v. Pike County National Bank · filed 1996-11-20(a)(2), (c)(2)(C)

When Watkins filed his petition for bankruptcy, 11 U.S.C. § 362(a)(2) prohibited Trustmark from enforcing its judgment against the property. The automatic stay of section 362 remained in effect until Watkins was discharged from bankruptcy on January 16, 1992.

Section 362’s automatic stay terminates upon confirmation of a Chapter 11 reorganization plan, so § 362(h) sanctions do not apply to later conduct.

In re Terrebonne Fuel and Lube, Inc. · filed 1997-03-27(h)

We find that appellant's contention that the bankruptcy court erred in imposing sanctions under 11 U.S.C. § 362(h) is inapplicable to the case at hand. The automatic stay under § 362 terminated upon confirmation of the 1987 plan of reorganization. Since Placid did not file its state reconventional demand until 1993, its claim was governed under 11 U.S.C. § 1141, the post-confirmation discharge injunction. Hence, § 362 is inapposite and the bankruptcy court correctly sanctioned Placid under § 1141.

Section 362’s automatic stay terminates upon confirmation of a Chapter 11 plan of reorganization.

Placid Refining Co. v. Terrebonne Fuel & Lube, Inc. · filed 1997-03-27

The automatic stay under § 362 terminated upon confirmation of the 1987 plan of reorganization.

Section 362(a) does not create an automatic stay when a debtor barred from refiling for 180 days under § 109(g) files a document labeled a petition during that period.

In Re Hollberg · filed 1997-04-30(a)

Thus, any document labeled “petition” that such a debtor files during the 180-day bar of a § 109(g) dismissal is not the filing of a petition as defined in § 101(42) and thus gives rise to no automatic stay under § 362(a).

Section 362(a)(8) stays Tax Court proceedings during a bankruptcy case, and the stay ends when the bankruptcy court discharges the debtor even if the debtor later moves to vacate the discharge.

DOUGLASS v. COMMISSIONER · filed 1997-06-16(a)(8)

With respect to petitioner's taxable year 1991, although the 1991 notice was timely mailed to petitioner on October 19, 1995, 11 U.S.C. sec. 362(a)(8) (1994) imposed an automatic stay on proceedings in this (and any other) Court during the pendency of petitioner's bankruptcy case that he commenced on December 15, 1994. On May 3, 1996, the date on which the Bankruptcy Court discharged petitioner, that automatic stay was lifted, even though petitioner thereafter filed a motion to vacate the dis- charge order.

An automatic stay ends when the bankruptcy case closes or is dismissed, or when the debtor receives a discharge, whichever occurs first.

Smee v. Commissioner · filed 1997-08-07(c)(2)

An automatic stay continues until the case is closed, the case is dismissed, or a discharge is granted, whichever is earliest. 11 U.S.C. sec. 362(c)(2)(1994). ... Petitioner received a discharge in bankruptcy on December 9, 1993. Thus, we are not barred from continuing these proceedings as to petitioner.

Section 362’s automatic stay in a Chapter 7 case protects the debtor only until discharge or earlier termination, so a violation claim must allege conduct while the stay was in effect.

Pereira v. First North American National Bank · filed 1998-05-14(c)

However, the Plaintiff has failed to allege any acts of the Defendant that have violated the automatic stay before the discharge injunction was entered on February 25, 1997. Nowhere in the Complaint does the Plaintiff allege that the Defendant received money to satisfy the subject indebtedness before the February 25, 1997, discharge.

Section 362(c) ends the automatic stay as to actions against the debtor upon discharge, while the stay continues to protect property of the estate.

In Re Honeycutt · filed 1998-12-09(c)

Thus, under section 362(c), there is no automatic stay in place with regard to actions taken against the debtor. Only property of the estate to be administered by the trustee is protected by the stay.

Section 362(c) ends the automatic stay upon the earliest of case closing, dismissal, or entry or denial of a discharge.

Wiczkowski v. Howes (In Re Howes) · filed 2000-02-17(c)

It is clear that under § 362(c) the automatic stay is not unlimited in its duration, but terminates upon the earliest of three events: (1) the closing of the case; (2) the dismissal of the case; or (3) the entry or denial of a discharge.

Section 362(c)(2) keeps the automatic stay of proceedings against a debtor in force while the bankruptcy case remains pending.

Hernandez v. Vizcaya · filed 2000-02-29(c)(2)

En la situación de autos, no cabe duda que los procedimientos contra el apelante en el caso KCD96-0257 quedaron paralizados pendiente la adjudicación final de su solicitud de quiebras. El apelante no ha certificado que los procedimientos ante el foro de Quiebras hubieran finalizado, por lo que debemos concluir que dicha paralización se encuentra en vigor.

Section 362(c) makes the automatic stay inapplicable after the debtor's discharge and full administration of the estate.

In Re Abruzzo · filed 2000-05-25(c)

... with the discharge of the debtor and the full administration of the estate, the stay is no longer applicable.

Section 362(c)(1) keeps the automatic stay in effect as to estate property until that property leaves the estate, preventing a creditor from attaching estate assets to collect a judgment.

In Re: Basil N. Spirtos, Debtor. Thelma v. Spirtos v. Irene Moreno · filed 2000-08-04(c)(1)

Pursuant to 11 U.S.C. § 362(c)(1), the automatic stay remains in force with respect to property of the estate “until such property is no longer property of the estate.” So long as there are assets in the estate, then, the stay remains in effect, preventing Moreno from collecting her judgment by attaching those assets.

A discharge in a Chapter 11 case ends the automatic stay of Tax Court proceedings, which are not acts against property of the bankruptcy estate.

Alpern v. Commissioner · filed 2000-08-08(c)(2)(C)

However, the proceedings before us fall under 11 U.S.C. section 362(c)(2)(C), wherein the stay of “any other act” is lifted upon order of discharge in a chapter 11 bankruptcy proceeding.

Section 362’s automatic stay no longer applies after a debtor’s reorganization plan has been confirmed and consummated, so a motion to annul the stay to permit setoff is too late.

Rand Energy Co. v. Del Mar Drilling Co. (In Re Rand Energy Co.) · filed 2000-11-07

Del Mar’s motion to annul the stay to allow a setoff comes too late in the case. The provisions of § 362 no longer apply, as the debtor’s plan of reorganization has been confirmed and consummated.

Section 362(a) automatically stays creditor action against a debtor and the debtor’s assets when a bankruptcy petition is filed, until the stay is lifted or the proceeding is dismissed without discharge.

Thomas v. Gordon · filed 2000-11-30(a)

The filing of the bankruptcy petitions resulted in an automatic stay under title 11 of the United States Code section 362(a), precluding appellant’s creditors from taking any action against her or her assets unless and until the stay was lifted or the proceedings dismissed without discharge.

Section 362(c) keeps the automatic stay in effect for unadministered estate property until the bankruptcy case closes.

Sittner v. Schriever · filed 2001-03-29(c)

Since the property in question was not administered at the close of the bankruptcy case, the automatic stay continued until the close of the bankruptey.

Section 362(a)(1) stays covered actions by any creditor who might sue, including a creditor not listed in the bankruptcy petition.

In Re: Robert Wayne Dunbar · filed 2001-04-04(a)(1)

The stay applies to any creditor who might sue, and is not limited to creditors who are listed in the original petition.

Section 362(c)(2) keeps the automatic stay in force after Chapter 13 plan confirmation until the case is closed or dismissed or the debtor is discharged, whichever occurs first.

Sedgwick v. Rubin (In Re Sedgwick) · filed 2001-05-15(c)(2)

Meyer is wrong in his interpretation of bankruptcy law. The automatic stay continues until the earliest of the time the case is closed, the time the case is dismissed, or, in a Chapter 13 case, the time the debtor is discharged. 11 U.S.C. § 362(c)(2).

Section 362(a) makes the automatic stay effective at the moment a bankruptcy petition is filed, not from the start of the filing date.

McLouth v. Advanta Mortgage Corp. (In Re McLouth) · filed 2001-09-28(a)

However, without reading anything into the statute that is not already there, I would conclude that Congress intended for the automatic stay to take effect as of the moment of filing, rather than as of the date of filing.

The automatic stay pauses a pending foreclosure without ending the suit, and the stay as to estate property terminates when that property leaves the estate.

Treinish v. Norwest Bank Minnesota, N.A. (In Re Periandri) · filed 2001-09-10(c)(1)

Moreover, while the bankruptcy filing triggered an automatic stay of the pending judicial foreclosure, that stay did not end the suit. Absent the trustee’s avoidance action, the stay would be terminated as to the property that is the subject of the foreclosure suit as soon as that property was no longer property of the bankruptcy estate.

Section 362(c)(2) keeps the automatic stay in effect until the bankruptcy case is dismissed or closed, or a discharge is granted or denied, unless relief from the stay is granted.

Husco, Inc. v. Southern Bleacher Co. (In Re Husco, Inc.) · filed 2001-10-17(c)(2)

Unless relief from stay is granted, the automatic stay remains in effect until the bankruptcy case is dismissed or closed, or until a discharge is granted or denied.

Section 362(c)(2) ends the automatic stay when the debtor’s debts are discharged.

Goldring v. Goldring · filed 2002-01-29(c)(2)

Assuming in plaintiff’s favor that she was automatically stayed from commencing this action during the pendency of defendant’s bankruptcy proceeding, such stay expired when defendant’s debts were discharged in April 1998 (11 USC § 362 [c] [2]), more than two years before commencement of the action.

Section 362(c)(1) keeps the automatic stay in force after case closing for property that remains in the bankruptcy estate, and dismissal of an estate cause of action would violate that stay.

Alary Corp. v. Sims (In Re Associated Vintage Group, Inc.) · filed 2002-09-13(c)(1)

A dismissal would thus violate the automatic stay which remains in force after case closing to protect property of the estate. 11 U.S.C. § 362(c)(1).

Section 362(a) automatically stays pending litigation against a defendant that files for Chapter 11 bankruptcy.

McGuire v. Ameritech Services, Inc. · filed 2003-01-15(a)

Such a filing operates as an automatic stay on these proceedings.

Section 362(c)(1) keeps the automatic stay in effect for property of the estate after the debtor receives a discharge.

In re Majors · filed 2003-04-04(c)(1)

However, the stay remained in effect in relation to the property of the estate that was under control of Trustee.

Section 362(a) makes the automatic stay effective when a bankruptcy petition is filed even if the debtor is ineligible for relief under the chapter selected.

Shaw v. Ehrlich · filed 2003-06-20(a)

While a debtor who is barred from any of the protections of Title 11 under section 109(g) may be an exception to the rule, section 362(a) of the Code dictates that the automatic stay comes into effect when a petition in bankruptcy is filed, with no consideration of the debtor’s ineligibility for relief under a specific chapter.

Section 362(c) ends the automatic stay when its statutory endpoint occurs, so recording a mortgage after the stay has terminated does not violate it.

In Re Pecora · filed 2003-07-21(c)

On March 7, 2000, when the Debtors’ Chapter 7 case was closed, the equitable lien of the Fraser Drive Mortgage passed through bankruptcy unaffected, and there was no longer an automatic stay in effect to violate when the Mortgage was recorded in the Monroe County Clerk’s Office on February 27, 2002, as permitted by the Fraser Drive Mortgage.

Section 362(c)(1) keeps estate property protected by the automatic stay until it ceases to be estate property, even after the debtor’s discharge.

Henkel v. Lickman (In Re Lickman) · filed 2003-07-25(c)(1)

Section 362(c)(1) specifically provides that the automatic stay continues to protect estate assets until “such property is no longer property of the estate.”

Section 362 requires a stay of proceedings after a bankruptcy petition is filed, rather than dismissal of the action.

Chronister v. Scores of Mansfield, Unpublished Decision (10-15-2003) · filed 2003-10-15

We find that the trial court erred in dismissing the case rather than staying the proceedings.

Section 362(a) protects a debtor from creditors’ collection efforts while an appeal over discharge remains pending and the bankruptcy case remains open.

In Re Cacioli · filed 2003-12-09(a)

As to the first aspect, the timing of the entry of a discharge order is immaterial because until the appeal is resolved, and the underlying bankruptcy case is closed, the Debtor is protected from the collection efforts of creditors by what is, in essence, a preliminary discharge injunction, namely the automatic stay of Code Section 362(a).

The automatic stay ends upon the earliest of case closure, dismissal, or the grant or denial of discharge, so collection begun after discharge does not violate the stay.

Durrenberger v. Comm'r · filed 2004-02-26(c)(2)

The stay is lifted upon the earlier of the closing of the case, the dismissal of the case, or the granting or denial of a discharge. 11 U.S.C. sec. 362(c)(2) (2000); see Guerra v. Commissioner, 110 T.C. 271, 275 (1998). Thus, the stay was lifted on July 24, 2000, when the bankruptcy court discharged petitioner’s debts. Respondent did not attempt to collect from petitioner from April 6 to July 24, 2000. Collection actions began in December 2001 when respondent issued to petitioner a notice of intent to levy relating to his 1998 tax liability. Thus, the stay was lifted before respondent began collection activities.

A bankruptcy petition automatically stays a pending proceeding to enforce a divorce property judgment as of the filing date.

Malpere v. Malpere · filed 2004-12-29(a)

Obviously, by filing his petition in bankruptcy, Defendant would be entitled to an automatic stay of the proceedings in this Court, as of the same day of the trial. 11 U.S.C. §362.

The automatic stay no longer protects property once it is no longer part of the bankruptcy estate.

Prater v. Ormiston · filed 2005-02-16(c)(1)

Dismissal was proper because at the time of the filing of the state court action, the property in question was no longer part of Prater’s bankruptcy estate.

Section 362(c)(1) allows the automatic stay protecting estate property to continue after confirmation when the plan retains that property in the estate.

In Re Melcher · filed 2005-07-25(c)(1)

Bankruptcy Code section 362(c)(1) provides that the automatic stay continues so long as such property remains property of the estate. Thus, the Plan’s provision for retention of the automatic stay is expressly authorized by the Code — the treatment of Class 10 does not alter Creditor’s current legal, contractual or equitable rights and the Plan does not impair Creditor.

The automatic stay under section 362 does not prohibit a tax overpayment setoff made before the bankruptcy petition is filed.

Richmond v. Comm'r · filed 2005-10-12

Petitioner did not file his bankruptcy petition until July 30, 2002. Thus, there could not have been a violation of the automatic bankruptcy stay before the filing of a bankruptcy petition.

The automatic stay of actions other than those against property of the estate terminates when the case is closed or dismissed or a discharge is granted or denied, whichever occurs first.

In RE McGUIRL · filed 2006-01-03(c)(2)

While the automatic stay may terminate when the case is closed, § 362 expressly states that the stay continues until the earliest of three events, one of which is the date the discharge is denied. 11 U.S.C. § 362(c)(2). The McGuirls were denied a discharge on January 25, 1994 and, therefore, the automatic stay was lifted before the case was closed under § 362's express terms.

For actions other than those against estate property, the automatic stay ends at the earliest of case closure, dismissal, or the grant or denial of a discharge.

McGuirl v. United States (In re McGuirl) · filed 2006-01-03(c)(2)

Otherwise, the automatic stay remains until the case is closed, dismissed, or when a discharge is granted or denied, whichever is earliest.

Section 362(a)'s automatic stay arises upon the actual filing of a bankruptcy petition, not the earlier electronic opening of a case docket, and does not stay a foreclosure sale held before the petition is filed.

In Re Murphy · filed 2006-02-22(a)

Although a case had been electronically docketed on January 17, 2006, that opening of the case was not the filing of a petition giving rise to an automatic stay under 11 U.S.C. § 362(a), and no automatic stay was in effect when the foreclosure sale was held.

Section 362 does not govern a regulatory enforcement action after the automatic stay has terminated on the effective date of a Chapter 11 plan.

New Jersey Department of Environmental Protection v. IT Litigation Trust (In Re IT Group, Inc.) · filed 2006-03-17(c)(2)

However, as the Bankruptcy Court correctly recognized, Section 362 is not applicable in this case, because the automatic stay terminated on the Effective Date of the Plan. Under Section 362(c)(2) of the Bankruptcy Code, the stay continues in effect until the time a discharge is granted or denied.

Section 362(a) entitles a debtor to an automatic stay regardless of whether it discloses its legal claim.

Gottlieb v. Kest · filed 2006-07-10(a)

Simply put, RKG was entitled to an automatic stay regardless of whether it disclosed its legal claim.

Section 362(a)'s automatic stay does not prohibit tax liens or levies imposed before the stay begins.

Shearin v. United States · filed 2006-07-24(a)

Both parties agree that the IRS filed a lien on her home in 2000 and imposed levies on her bank account in April and August of 2001. These actions could not have violated the automatic stay because they occurred before it began on December 3, 2001.

The automatic stay ends as to a Chapter 7 debtor and the debtor’s property upon discharge and as to estate property when it becomes exempt, allowing a subsequent tax lien on that property.

In Re: Mollo · filed 2006-08-07(c)(1), (c)(2)(C)

The Mollos received a discharge on January 11, 2001. That act by the Bankruptcy Court terminated the automatic stay as to the Mollos and their property. 11 U.S.C. § 362(c)(2)(C). As such, the subsequent filing of the lien notice as to the Mollos and their property did not violate the automatic stay. ... Thus, the property that the Mollos claimed as exempt became exempt – i.e., it reverted to the Mollos as individuals by operation of law – ending the automatic stay as to that property. 11 U.S.C. § 362(c)(1). To the extent that the lien notice, filed October 1, 2001, attached to any of the exempt property, the notice did not violate the automatic stay as to that property.

Section 362’s stay of acts against estate property ends when the property leaves the estate, and its stay of other acts terminates when the case closes.

In Re Ho Seok Lee · filed 2006-08-10(c)(1), (c)(2)(A)

For instance, the stay of any act against property of the estate under 11 U.S.C. § 362(a) continues only until the property is no longer property of the estate, i.e., the property is sold, and the stay of any other act continues only until the case is closed.

Under § 362(c)(2), the automatic stay continues until the earliest of case closure, dismissal, or discharge.

Laurent v. Herkert · filed 2006-11-29(c)(2)

Upon filing a petition for bankruptcy, an automatic stay is imposed and continues until the earliest of the following: the case is (1) closed; (2) dismissed; or ... (3) discharged. See 11 U.S.C. § 362(c)(2).

The automatic stay no longer applies once property of the estate vests in the debtor.

Securities & Exchange Commission v. Smith · filed 2006-12-08(a)(1)

The automatic stay provision is no longer applicable once property is vested in the debt- or.

Absent bankruptcy court relief, the automatic stay generally ends at the earliest of case closure, case dismissal, or the denial or grant of a discharge.

Wright v. Comm'r · filed 2007-03-05(c)(2)

Unless relief from the automatic stay is granted by order of the bankruptcy court, see 11 U.S.C. sec. 362(d) (2000), the automatic stay generally remains in effect until the earliest of the closing of the case, the dismissal of the case, or the grant of a denial or a discharge.

Section 362(e)(1) terminates the automatic stay thirty days after a request for relief unless the court orders it continued, and Bankruptcy Rule 4001(a)(3) cannot extend that statutory period.

Duran v. AmeriCredit Financial Services, Inc. · filed 2007-04-04(e)(1)

Bankruptcy Rule 4001(a)(3) properly cannot be read to stay the termination of an automatic stay beyond the thirty day stay duration mandated by § 362(e).

The automatic stay terminates as to exempt property when it leaves the estate and as to other acts upon an individual Chapter 7 debtor’s discharge, making subsequent relief from the stay unnecessary.

Tigue v. Sosne (In Re La'Teacha Tigue) · filed 2007-04-05(c)(1), (c)(2)(C)

Because no one objected, the debt- or’s exemption was allowed under 11 U.S.C. § 522(i) and the property ceased being property of the estate. The debtor received her discharge on July 12, 2005. As a result of these two events, Chase did not need to obtain relief from the stay. All stays had already terminated at the time of the October 23, 2006 hearing. This rendered the motion moot and the order superfluous. Therefore, the appeal from relief from stay motion is moot.

The automatic stay terminates when the bankruptcy case closes, and the right to maintain a fraudulent-transfer action reverts to individual creditors.

In Re Kimmel · filed 2007-04-11(c)

Once the case is closed, however, the automatic stay terminates (11 U.S.C. § 362(c)) and the right reverts to creditors.

The automatic stay continues to protect an unscheduled, unadministered cause of action after discharge and case closure, and a dismissal obtained without stay relief is void ab initio.

In Re Enyedi · filed 2007-07-12(a)(3), (c)(1)

The Trustee argues that regardless of the fact that the Debtors obtained a discharge and their case was closed, the automatic stay remained in effect with respect to the Personal Injury Litigation because it was never abandoned and thus remained as property of the estate. The Trustee’s argument is correct. ... The June 20, 2007 state court order dismissing the Personal Injury Litigation with prejudice is void ab initio. By statute, the Personal Injury Litigation is still property of the Debtors’ bankruptcy estate and is subject to the protections afforded by the automatic stay. The Defendants’ action violated section 362(a)(3) of the Bankruptcy Code.

The automatic stay continues to protect undisclosed property after a bankruptcy case closes for as long as the property remains in the bankruptcy estate.

Reed v. City of Arlington · filed 2008-02-29(c)(1)

And as long as that property remains in the bankruptcy estate, it continues to be protected by the automatic stay contained in the Bankruptcy Code.

Section 362 generally terminates the automatic stay upon a Chapter 7 discharge and terminates the stay against estate property when that property leaves the estate, rendering a request for relief from the terminated stay moot.

Wisler v. White (In Re White) · filed 2008-03-10(c)(1), (c)(2)(C)

(a) pursuant to 11 U.S.C. § 362(c)(2)(C), the automatic stay in a bankruptcy case—provided that such case remains open—is generally terminated when a Chapter 7 discharge is granted; ... (d) pursuant to 11 U.S.C. § 362(c)(1), the automatic stay in a bankruptcy case as it regards, in particular, acts against property of a debtor’s bankruptcy estate, terminates when such property ceases to constitute property of such estate; ... (a) Wisler’s motion is DENIED WITH PREJUDICE to the extent that Wisler thereby seeks (i) relief from the automatic stay because such request is now moot, and (ii) to obtain a denial or revocation of the Debtor’s Chapter 7 discharge because Wisler, as a matter of law, lacks a viable basis for obtaining the same; and (b) Wisler’s motion is GRANTED to a limited extent such that any domestic support obligation owed by the Debtor to Wisler and any equitable award of marital/non-marital property determined by the Court of Common Pleas of Beaver County, Pennsylvania is henceforth determined to be non-dischargeable.

The automatic stay of actions against estate property ends when the property is exempted and therefore ceases to be property of the estate.

Logan v. Williams (In Re Williams) · filed 2008-03-17(c)(1)

Pursuant to 11 U.S.C. § 362(c), the automatic stay of actions against property of the estate expired when the Property was exempted because it was then no longer property of the estate.

The automatic stay no longer bars eviction after a Chapter 7 discharge when the lease has been rejected or abandoned and is no longer property of the estate, making an appeal seeking only relief from that stay moot.

In re Biggs · filed 2008-04-01(c)(1), (c)(2)(C)

The Authority is correct and the case is moot. To start with the lease has been rejected pursuant to 11 U.S.C. § 365(d)(1) and thus for this reason alone it has been “abandoned and [is] no longer property of the estate.” ... Overall, we are quite clear that the automatic stay no longer is no longer in effect and the appeal therefore is moot inasmuch as the only relief the Authority seeks on this appeal is reinstatement of the Bankruptcy Court’s order granting relief from the automatic stay.

Under § 362(c)(2), the stay against collection of a nondischargeable property settlement debt continues until the case is closed or dismissed or a discharge is granted, whichever occurs first.

In Re Dumontier · filed 2008-06-13(c)(2)

Moreover, in accordance with 11 U.S.C. § 362(c)(2), the automatic stay in this case will continue until the earliest of the time the case is closed, the time the case is dismissed or the time a discharge is granted.

Section 362 does not bar contempt enforcement of a monetary award after the automatic stay has expired.

Walter H.C. Drakeford v. Drakeford · filed 2008-08-05(c)(3)(A)

In short, the trial court did not err when it held husband in contempt on July 7, 2006 after the automatic stay from the May 26, 2006 filing of the bankruptcy petition had expired.

Section 362 no longer supplies relief after discharge; relief for collecting a discharged debt arises under the discharge injunction in § 524.

Eastman v. Baker Recovery Services (In Re Eastman) · filed 2009-10-15

Although Eastman also requests relief under § 362 of the Bankruptcy Code, this section is no longer applicable. Any relief afforded to Eastman under the Bankruptcy Code will be pursuant to § 524, the discharge injunction.

Section 362(c)(2) continues the automatic stay until the earliest of case closure, dismissal, or, in a Chapter 7 case, a grant or denial of discharge.

Hermosilla v. Hermosilla (In Re Hermosilla) · filed 2010-05-26(c)(2)

Section 362(c)(2) provides that the automatic stay continues until the case is closed, dismissed, or in Chapter 7 case, the time when a discharge is granted or denied, whichever is earliest.

A bankruptcy petition filed by a debtor ineligible under § 109(h) for failure to obtain credit counseling triggers the automatic stay.

Adams v. Zarnel · filed 2010-08-26(a)

As discussed above, no such exception is provided for debtors ineligible under § 109(h), which leads us to the conclusion that the automatic stay commences in such cases.

Section 362’s automatic stay ends when a bankruptcy case is closed, and reopening the case does not automatically restore the stay.

Jeffries v. Comm'r · filed 2010-08-04(c)(2)

The reopening of a bankruptcy case does not automatically continue or reactivate the automatic stay. ... Additionally, the reopened bankruptcy case has been closed. See 11 U.S.C. sec. 362(c)(2). Consequently, we hold that we are not barred from proceeding with the instant case.

A conditional order continuing the automatic stay can provide for its immediate termination upon the debtor’s failure to meet the conditions, allowing foreclosure to proceed under state law.

Euler v. Marks · filed 2010-08-11(d)(1)

The automatic stay immediately terminated when Euler failed to fulfill his obligations to Texas Dow as required by the bankruptcy court’s order.

Section 362(c)(1) keeps the stay in effect for estate property until that property leaves the estate, making a judgment entered in violation of the stay void.

In Re Nichols · filed 2010-09-17(c)(1)

The Bank can also not derive any rights from the entry of the final judgment in the state court as the final judgment is void. In this respect, section 362(c)(1) provides that the stay of an act against the property of the estate continues until such property is no longer property of the estate.

Section 362(c)(1) continues to bar repossession of collateral after the debtor’s discharge while the collateral remains property of the estate.

White v. Wachovia Dealer Services, Inc. (In Re Wyatt) · filed 2010-11-17(c)(1)

The automatic stay still continued to bar Wachovia from repossessing the truck because it remained property of the estate. 11 U.S.C. § 362(c)(1).

Section 362(c) allows an automatic stay to end before a foreclosure sale, so a bankruptcy filing alone does not establish that a later sale violated the stay.

In Re Hackley · filed 2011-06-21(c)

Therefore, even though the record shows that respondent did file for bankruptcy, that fact alone does not permit us to draw the same conclusion as the respondent: that the trustee sold the subject real property in violation of the bankruptcy stay. As 11 U.S.C. § 362 notes, the stay could have been lifted by the bankruptcy court prior to the sale of the subject real property on 19 April 2010 by dismissing respondent's bankruptcy petition; the court could have declared that the subject real property in question was no longer "property of the [bankruptcy] estate[;]" or the court could have closed respondent's bankruptcy case or granted a discharge. See 11 U.S.C. § 362(c).

The automatic stay arises in a debtor’s case upon filing even when the debtor improperly files a single petition with a nonspouse, and it bars a foreclosure sale before dismissal.

Stancil v. Bradley Investments, LLC (In re Stancil) · filed 2012-06-19(a)

Although Delores Stancil was not dismissed from the case until after the foreclosure sale had been held, the case was pending as to Gary Stancil when the foreclosure sale was held, and an automatic stay had arisen in his case that barred the foreclosure sale.

Section 362(c)(2) ends the automatic stay when the bankruptcy case closes or is dismissed, or when a discharge is granted or denied; the stay does not continue until each claim is resolved.

Barraford v. T & N Ltd. · filed 2014-02-25(c)(2)

In fact, § 362 does not refer to “claims,” but to “eases”; the automatic stay is terminated when the “case” is closed or dismissed (or a discharge is granted or denied).

Under § 362(c)(2)(A), closing the bankruptcy case ends the automatic stay and permits an abated appeal to resume.

Marshall, E. Pierce, Ind. & v. Estate of J. Howard Marshall · filed 2014-03-13(c)(2)(A)

Accordingly, to the extent that J. Howard Marshall, ... III moves for an order lifting the bankruptcy stay in this case, we grant the motion and reinstate this case on the Court’s active docket. See 11 U.S.C. § 362(c)(2)(A).

Section 362(a) imposes an automatic stay when an involuntary bankruptcy petition under § 303 is filed, without waiting for an order for relief.

Eldorado Canyon Properties, LLC v. Mantalvanos · filed 2014-08-20(a)

Accordingly, a stay under section 362 was in effect upon the filing of the involuntary petition on May 9, 2013.

The automatic stay ends when the bankruptcy case closes and does not automatically resume if the case is reopened.

Kvassay v. Kvassay (In re Kvassay) · filed 2014-07-31(c)(2)(A)

Neither did the subsequent reopening of Peter’s bankruptcy petition reinstate the automatic stay. It is well settled that the automatic stay terminates at “the time the case is closed.” 11 U.S.C. § 362(c)(2)(A).

Under § 362(c)(1), revesting estate property in the debtor ends the stay of acts against estate property; under § 362(c)(2), discharge ends the stay of other acts listed in § 362(a).

Biltmore Investments, LTD. v. TD Bank, N.A. · filed 2015-10-01(c)(1), (c)(2)

Pursuant to § 362(c)(1), the re-vesting of the bankruptcy estate’s assets in the debtor terminated the stay of acts “against the property of the estate.” ... Pursuant to § 362(c)(2), the discharge ended the stay of “other act[s]” enumerated in § 362(a).

The automatic stay terminates when the bankruptcy case closes, and reopening the case does not undo that termination.

Melikian Enterprises, LLLP v. McCormick · filed 2017-07-11(c)(2)(A)

Melikian attempts to avoid this outcome by asserting that the fact that the case was reopened the following day on a motion from a different creditor somehow voids the original closing. We disagree. ... The closing of the case, by contrast, terminated the automatic stay under § 362(c)(2)(A).

Section 362(c)(2) ends the automatic stay no later than an individual Chapter 7 debtor's discharge, so later collection acts do not violate the stay.

Hartley v. 21st Mortgage Corporation · filed 2017-09-28(c)(2)

Initially, the Court finds Defendant’s actions could not have violated the automatic stay because Plaintiff states his debt was discharged before the loan was transferred to Defendant.

Section 362(c) ends the automatic stay as to estate property when it is abandoned and ends the remaining stay when the bankruptcy case closes.

Diamond v. Bank of America · filed 2017-09-26(c)(1), (c)(2)(A)

Moreover, Bank of America’s initiation of foreclosure proceedings, its Georgia state action for declaratory judgment, and its August 2012 perfection of the mortgage deed all occurred after the bankruptcy case was closed, the property was abandoned by the Trustee back to Diamond, and the stay was no longer in effect. See 11 U.S.C. 362(c)(1), (2)(A).

Section 362(a)(1) stays judicial proceedings upon the filing of a bankruptcy petition.

Bowen v. Pioneer Drilling Services, LTD · filed 2020-04-21(a)(1)

Consequently, this matter is STAYED pursuant to 11 U.S.C. § 362(a) pending resolution of the bankruptcy cases in the United States Bankruptcy Court for the Southern District of Texas.

Section 362(a) automatically stays actions against a defendant once the defendant files a bankruptcy petition.

Hopson v. J.C. Penney Company, Inc. · filed 2020-07-21(a)

Pursuant to 11 U.S.C. § 362(a), all actions against a defendant who has filed a bankruptcy petition are automatically stayed once the petition is filed.

The stay of estate property under § 362(c)(1) ends when a debtor’s possessory interest vests in the debtor upon confirmation of a Chapter 13 plan and leaves the estate.

Gary D Adams · filed 2022-03-24(c)(1)

Second, the stay against property of the estate ends when the property is no longer property of the estate. 11 U.S.C. § 362(c)(1). Pursuant to this court’s decision In re Larzelere, 633 B.R. 677 (Bankr. D.N.J. 2021), any possessory right vested in Mr. Adams upon confirmation of his chapter 13 plan, therefore it is no longer property of the estate and thus there is no stay of Mr. Adams’ possessory interest to enforce.

Section 362(a) stays enforcement of a security interest, and the stay may remain in effect briefly to allow the debtor to redeem exempt property.

Household Finance Corp. v. Glynn (In Re Glynn) · filed 1981-08-13(a)

(2) That the stay imposed under 11 U.S.C. § 362(a) which precludes plaintiff from enforcing its security interests shall remain in effect for 30 days from the date this Order is issued to allow defendants a reasonable time within which to redeem their exempt property from plaintiff’s security interests under 11 U.S.C. § 722.

Section 362’s automatic stay does not make a creditor accountable for action taken before a bankruptcy petition is filed, even if the creditor knows the debtor intends to file.

Creative Media Productions, Inc. v. Anders (In Re Creative Media Productions, Inc.) · filed 1989-11-30

Until a petition is actually filed, a creditor cannot be held accountable for the debtor’s stated intention to file bankruptcy.

Section 362(a)'s automatic stay takes effect without filing a suggestion of bankruptcy.

Anderson v. Harvey (In Re Harvey) · filed 1992-06-05(a)

Technically, no suggestion of bankruptcy was necessary for the automatic stay of 11 U.S.C. § 362(a) to be effective.

Section 362(a)'s automatic stay protects a debtor upon filing even a skeletal petition, including when the debtor abuses the bankruptcy process.

In Re Armwood · filed 1994-12-13(a)

Filing even a skeletal petition secures the protection of the automatic stay of 11 U.S.C. § 362(a) for both the honest debtor and the abusive debtor.

Section 362’s automatic stay bars bringing an action against a debtor who has filed for Chapter 7 bankruptcy.

Adler v. the Lincoln Housing Authority, 82-2045 (1995) · filed 1995-01-24

Furthermore, an action cannot even be brought against John Palma since he has filed for bankruptcy under Chapter 7 and is, therefore, protected by the automatic stay provision of the Bankruptcy Code.

Section 362(c)(2)(C) ends the stay against the debtor upon discharge, and Section 362 does not provide for reinstating it afterward.

Glaspell v. Internal Revenue Service · filed 2020-08-07(c)(2)(C)

The automatic stay arises when a debtor files a case, but terminates once a debtor receives a discharge. 11 U.S.C. § 362(c)(2)(C). The discharge replaces the automatic stay and enjoins collection of debts, with an exception for non-dischargeable debts. Id. § 524(a). Notably, the Bankruptcy Code does not expressly contemplate reinstating the automatic stay post-discharge.

The automatic stay in a Chapter 7 case terminates when the debtor receives a discharge.

Wilson · filed 2023-05-25(c)(2)(C)

It is well established that an automatic stay is terminated upon the entry of the discharge in a Chapter 7 proceeding.

Section 362(c)(2) ends the automatic stay in an individual Chapter 7 case when a discharge is granted or denied.

Kirby v. Mohamed · filed 2023-06-01(c)(2)

Under 11 U.S.C. § 362(c)(2), the automatic stay in a chapter 7 bankruptcy proceeding concerning an individual ends at “the time a discharge is granted or denied.” On January 9, 2023, the Bankruptcy Court granted a discharge to Mr. Kirby under 11 U.S.C. § 727. [Dkt. No. 40 in Case No. 22-br-41692.] Therefore, the Court finds that Mr. Kirby is unlikely to succeed in the merits of his appeal—in which he seeks review of or relief from the order terminating the stay—because the automatic stay has already been terminated as a matter of law when the debt was discharged in January.

Section 362(c)(2)(C) ends the automatic stay when a Chapter 7 discharge is granted.

Hicks v. Azim · filed 2014-01-15(c)(2)(C)

A discharge in Chapter 7 lifts the automatic stay at the time the discharge is granted.

Section 362(c)(2)(C) ends the automatic stay upon discharge; the stay tolls a limitations period only while it is in effect.

Hernandez v. Vasquez CA2/8 · filed 2013-11-07(c)(2)(C)

The automatic stay terminates when the debtor obtains a discharge. (Id., subd. (c)(2)(C).) ... Using the September date for the discharge, the automatic stay was in effect and tolled the statute of limitations for 117 days, or nearly four months.

Under § 362(c)(2), the automatic stay expires when an individual Chapter 7 debtor receives a discharge, leaving no stay from which to grant relief.

Bong H. Chae v. Bennett · filed 2013-11-13(c)(2)

In addition, the bankruptcy court was correct when it denied the relief requested by Mr. Chae because the stay was not in effect at the time when the bankruptcy court entered the orders from which Mr. Chae appeals. The Debtor obtained a discharge prior to the date when the bankruptcy court held its rescheduled hearing and entered the orders. See 11 U.S.C. § 362(c)(2) (The automatic stay expires upon the earliest of closing of the case, dismissal of the case or, in the Chapter 7 case of an individual, the time when the bankruptcy court either grants or denies a discharge.).

Section 362(c)(2) ends the automatic stay upon a Chapter 7 discharge for acts other than those concerning estate property, and reopening the case does not revive that stay.

In Re Boland · filed 2002-04-16(c)(2)

Grant of the Discharge terminated the automatic stay against all acts except acts in respect of property of the estate. See 11 U.S.C. § 362(c)(2). Reopening the case does not affect that termination.

Section 362 stays foreclosure on a prepetition lien, but the stay ends when the debtor receives a discharge.

Minster State Bank v. Heirholzer (In Re Heirholzer) · filed 1994-07-28(c)(2)(C)

Pursuant to 11 U.S.C. § 362(a)(5), the automatic stay initiated by the filing of a Petition in Bankruptcy operates to prevent foreclosure by a creditor on a pre-petition lien. However, 11 U.S.C. § 362(c)(2)(C) clearly states that the stay is no longer operative once a discharge is granted.

Section 362(a) bars a creditor from enforcing a claim against the debtor while the bankruptcy case is pending, but does not bar foreclosure based on a default after discharge.

FEDERAL NAT. MORTG. ASS'N v. Schildgen · filed 1993-09-01(a)

Section 362(a) of the Code prohibits a creditor from enforcing a claim against the debtor while a bankruptcy case is proceeding. 11 U.S.C. § 362(a) (1989). The default upon which plaintiff bases its foreclosure, however, occurred in September of 1989, which was after the defendant Schildgen's (the debtor's) discharge in bankruptcy.

Section 362(a) does not bar a mortgage foreclosure filed after the debtor’s bankruptcy discharge based on a default that occurred after discharge.

Federal National Mortgage Ass'n v. Schildgen · filed 1993-09-01(a)

In the present case, plaintiff’s foreclosure action was filed subsequent to the discharge of defendant Schildgen’s debt by the bankruptcy court. Section 362(a) of the Code prohibits a creditor from enforcing a claim against the debtor while a bankruptcy case is proceeding. (11 U.S.C. §362(a) (1988).) The default upon which plaintiff bases its foreclosure, however, occurred in September of 1989, which was after defendant Schildgen’s (the debtor’s) discharge in bankruptcy.

An effective waiver of discharge counts as a denial of discharge and terminates the automatic stay under section 362(c)(2)(C).

Smith v. Commissioner · filed 1991-01-15(c)(2)(C)

Nevertheless, we agree with respondent that Stephen’s waiver of his right to a discharge served as a denial of a discharge so as to terminate the automatic stay pursuant to 11 U.S.C. section 362(c)(2)(C).

Section 362(c)(2) ends the automatic stay as to a Chapter 7 debtor and the debtor’s property when the discharge is entered.

Brinkman v. City of Edina (In Re Brinkman) · filed 1991-01-17(c)(2)

The automatic stay terminated as to the plaintiff and his property when the discharge was entered. 11 U.S.C. § 362(c)(2).

Section 362(c)(2)(C) terminates the automatic stay in a bankruptcy case when the debtor receives a discharge.

Grimes v. United States, Farmers Home Administration (In Re Grimes) · filed 1990-08-03(c)(2)(C)

As noted above, the debtors have received their Chapter 11 discharge, therefore, the automatic stay in the Chapter 11 case terminated pursuant to 11 U.S.C. § 362(c)(2)(C), and all property dealt with by the Chapter 11 plan vested in the debtor under § 1141(d)(3).

Section 362(c)(2)(C) terminates the automatic stay against enforcement of a secured creditor’s rights when the Chapter 7 debtor receives a discharge.

Spaude v. State Bank of Gibbon (In Re Spaude) · filed 1990-03-28(c)(2)(C)

On May 24, 1988, the Court granted Plaintiffs a discharge under Chapter 7. As a result, the automatic stay of 11 U.S.C. § 362(a)(5), which had restrained and enjoined Defendant from enforcing its rights as a secured creditor, was terminated.

Section 362(c)(2) automatically ends the stay protecting a debtor’s property when a discharge is granted or denied, or when the case is closed or dismissed.

Guild Mortgage Co. v. Cornist (In Re Cornist) · filed 1980-11-19(c)(2)

This stay is also one of limited duration which terminates automatically under Section 362(c)(2) when a discharge is granted or denied or when the case is closed or dismissed.

Section 362(c)(2) ends a stay against foreclosure of the debtor’s property when the debtor receives a discharge, if the case has not already been closed or dismissed.

Dade Federal Savings & Loan Ass'n v. Rodriguez (In re Rodriguez) · filed 1981-02-13(c)(2)

The debtor has received her discharge in this case and by the terms of § 362, the automatic stay has lifted as to plaintiff’s foreclosure action.

Section 362 protects debtors and their property, including property received through exemption or abandonment, until discharge is granted or denied unless the court orders otherwise.

In Re Williams · filed 1981-02-20(a)(5), (c)

The stay protection afforded debtors, unless otherwise determined by the Court, continues until their discharge is granted or denied. The protection extends to the debtors personally and to their property whether acquired by exemption or by abandonment.

For an individual Chapter 7 debtor, § 362(c)(2)(C) ends the automatic stay protecting the debtor and the debtor’s property when a discharge is entered, if the case has not already been closed or dismissed.

Berry v. Dial Consumer Discount Co. (In Re Berry) · filed 1981-06-16(c)(2)(C)

The debtor’s property is protected by § 362(a)(5); the automatic stay as to this remains in effect until the case is closed, or when the case is dismissed or at the time the Order of Discharge is entered, whichever comes first. In this district it is likely that the first of these events to occur would be the issuance of the Order of Discharge. Consequently, when the Order of Discharge is issued, any act to create or enforce a lien against property of the debtor would no longer be automatically stayed and the parties may pursue whatever such actions are available.

Abandonment lifts the automatic stay as to the bankruptcy estate, while the stay of other actions continues until discharge is granted or denied.

Green v. National Cash Register Co. CI Corp. System (In Re Green) · filed 1981-10-16(c)(1)-(2)

The trustee’s abandonment effects only a lift of the stay as to the bankruptcy estate. 11 U.S.C. § 362(c)(1). As to other actions, the stay continues until the time a discharge is granted or denied, 11 U.S.C. § 362(c)(2).

Section 362(c)(2) ends the automatic stay at the earliest of case closure, dismissal, or the grant or denial of discharge, permitting enforcement of a surviving lien after the stay ends.

Polk County Federal Savings & Loan Ass'n of Des Moines v. Weathers (In Re Weathers) · filed 1981-12-08(c)(2)

Because relief from stay was not requested or granted, Polk County was stayed from acts against the Weathers’ realty until the earliest of the time the case was closed or dismissed, or the discharge was granted or denied.

Section 362(c) ends the stay of acts against estate property when that property leaves the estate and ends the stay of other acts when the debtor receives a discharge.

Penco Corp. v. Andrews (In Re Andrews) · filed 1982-08-17(c)

When the Trustee’s abandonment of the real estate became effective March 1, the stay of any act against it prohibited under 11 U.S.C. § 362(a) was removed because the real estate was no longer property of the bankruptcy estate. The stay of any other act prohibited under § 362(a) was dissolved when the Andrews were granted a discharge.

Section 362(c) ends the stay as to property when it leaves the estate and ends the stay as to the debtor upon discharge, making a request for relief from the expired stay moot.

Sears, Roebuck & Co. v. Hamilton (In Re Hamilton) · filed 1982-07-20(c)(1), (c)(2)(C)

The Hamiltons were granted a discharge on June 10. Consequently, Sears’ request for relief from the ... § 362(a) stay was moot on the trial date. 11 U.S.C. § 362(c)(1) and (2)(C).

Section 362(c)(2)(C) terminates the automatic stay when the debtor receives a discharge, after which a creditor with a valid lien may proceed against the collateral.

In Re Dickinson · filed 1982-11-19(c)(2)(C)

The granting of a discharge to a debtor will serve to terminate the automatic stay. 11 U.S.C. § 362(c)(2)(C).

Section 362(a)(1) bars a state-court action to resolve a prepetition claim after Chapter 11 confirmation when the plan reserves the claim for bankruptcy court resolution, the claim remains undischarged, and the creditor has not obtained relief from the stay.

Allied Technology, Inc. v. R.B. Brunemann & Sons, Inc. (In Re Allied Technology, Inc.) · filed 1982-12-07(a)(1)

It is the determination of this Court that Lessor’s state court action is blatantly violative of both this Court’s Order of Confirmation of Debtor’s Plan, and of the automatic stay of 11 U.S.C. § 362(a)(1). ... Furthermore, since this claim has not yet been discharged, and no request for relief from stay has been filed, the automatic stay of 11 U.S.C. § 362(a)(1) has therefore been in effect continuously since commencement of the instant bankruptcy case.

Section 362(c) terminates the automatic stay against property after the debtors receive a discharge and the trustee abandons the property.

Skowhegan Savings Bank v. Thomas (In re Thomas) · filed 1983-01-20(c)

On June 25, 1981, the debtors received their discharge, and in October, 1982, the trustee abandoned the property in question. Therefore, the automatic stay of acts against that property has terminated.

Section 362(c) ends the automatic stay upon confirmation of a Chapter 11 plan when estate property revests in the debtor and confirmation grants a discharge.

Paradise Valley Country Club v. Sun Valley Development Co. (In Re Paradise Valley Country Club) · filed 1983-02-10(c)(1), (c)(2)(C)

Since confirmation of a Chapter 11 plan has the dual effect of revesting the debtor with title to its property and discharging the debtor from all dischargeable pre-petition debts, there can be no further application of the automatic stay subsequent to confirmation.

Section 362 ends the automatic stay when a chapter 11 discharge is granted, including upon confirmation of a plan.

Board of County Commissioners v. Coleman American Properties, Inc. (In Re American Properties, Inc.) · filed 1983-05-15(c)(2)(C)

A discharge was granted on March 31,1982 when the order confirming the plan was entered. 11 U.S.C. § 1141(d). Thus, there is no automatic stay in effect now.

Section 362(c) ends the automatic stay upon confirmation of a Chapter 11 plan because confirmation revests estate property in the debtor and discharges the debtor.

In Re Paradise Valley Country Club · filed 1983-06-29(c)

Since confirmation of a Chapter 11 plan has the dual effect of revesting the debt- or with title to its property and discharging the debtor from all dischargeable pre-petition debts, there can be no further application of the automatic stay subsequent to confirmation.

Section 362(c)(2)(C) lifts the automatic stay with respect to a debtor by operation of law when a discharge is granted.

CCNB, N.A. v. Thrush (In Re Thrush) · filed 1983-06-30(c)(2)(C)

Under section 362(c)(2)(C) the stay is lifted by operation of law with respect to the debtors when a discharge is granted.

The automatic stay ends when the debtor receives a discharge, so a court cannot later lift that stay.

Aldrich v. Imbrogno (In Re Aldrich) · filed 1983-10-26(c)(2)(C)

The 11 U.S.C. Section 362 stay in this case was dissolved and replaced by the 11 U.S.C. Section 524 injunction on December 7, 1981 (based on the order of discharge), more than seven months before the order being appealed was entered. The bankruptcy court therefore erred insofar as it ordered the lifting of the Section 362 stay since it was no longer in effect.

Section 362(c)(2)(C) ends the automatic stay upon discharge, making a pending request for relief from the stay moot.

Robinson v. Olin Federal Credit Union · filed 1984-10-05(c)(2)(C)

In view of Judge Shift's dismissal of Olin’s complaint for reclamation as moot, and the lifting of the automatic stay upon the debt- or’s discharge, 11 U.S.C. § 362(c)(2)(C), it makes little sense that the complaint for relief of stay was dismissed for failure to prosecute on July 30, 1984, 2V2 months after the stay had lifted automatically. ... Because Olin’s complaint for relief from the automatic stay was no longer “live” when the automatic stay was lifted, there was no longer a case or controversy before the Bankruptcy Court which could be dismissed with prejudice.

Section 362(c) ends the stay of acts against estate property when that property leaves the estate and ends the stay of acts against a Chapter 7 debtor’s property when the debtor is discharged.

Kretzer v. DFW Federal Credit Union (In Re Kretzer) · filed 1985-04-19(c)(1), (c)(2)(C)

Thus, the stay of acts against estate property terminates when the property leaves the estate. Property claimed as exempt leaves the estate and revests in the debtor if no objections are timely filed. The stay of acts against the debtor’s property terminates when the debtor is discharged.

Section 362(c) ends the automatic stay upon confirmation of a Chapter 11 plan when estate property vests in the debtors and confirmation grants discharge.

In Re Korgan · filed 1985-07-23(c)(1), (c)(2)(C)

Therefore, pursuant to 11 U.S.C. § 362(c)(1) and (2), the automatic stay provided in § 362(a) expired upon confirmation of the debtors’ plan.

Section 362(c) permits a creditor to resume a state court action once the debtor has been discharged and the bankruptcy case closed.

Carter v. Mullally (In Re Mullally) · filed 1985-08-13(c)

Further, the debtor has been discharged and the case closed. Therefore, the automatic stay has been lifted and plaintiff may proceed with her action against the debtor in Lake County Circuit Court. 11 U.S.C. § 362(c).

Section 362(c)(2)(C) ends the automatic stay when confirmation of a Chapter 11 plan grants the debtor a discharge.

Harrell v. United States Ex Rel. Internal Revenue Service (In Re Harrell) · filed 1985-12-12(c)(2)(C)

The confirmation of the plan discharged the debtor, ... and that, in turn, lifted the automatic stay. § 362(c)(2)(C).

Section 362(c) ends the automatic stay upon confirmation of a Chapter 11 plan that discharges pre-petition debt.

Draggoo Electric Co. v. Indiana Employment Security Division (In Re Draggoo Electric Co.) · filed 1986-02-03(c)

Upon the plan’s confirmation, and simultaneous discharge of debt under 11 U.S.C. § 1141(d), however, the automatic stay terminates pursuant to § 362(c).

Section 362 ends the stay of an action against a Chapter 7 individual debtor when the debtor receives a discharge; the discharge injunction then governs.

Wimmer v. Mann (In Re Mann) · filed 1986-03-27(c)(2)(C)

Upon the granting of a discharge, the automatic stay of § 362 is dissolved and is replaced by the permanent injunction of 11 U.S.C. § 524.

Section 362(c)(2) ends the automatic stay as to acts other than acts against estate property when the debtor receives a discharge.

In Re McCullough · filed 1986-07-25(c)(2)

This stay terminates as to acts, other than acts against property of the estate, on the entry of a debtor’s discharge. § 362(c)(2).

Section 362(c)(2)(C) ends the Chapter 11 automatic stay upon discharge, and the bankruptcy court’s retention of jurisdiction does not reimpose it.

General Electric Credit Corp. v. Nardulli & Sons Co. (In Re Nardulli & Sons Co.) · filed 1986-09-19(c)(2)(C)

Retention of jurisdiction by the Court to resolve disputes does not reimpose the automatic stay.

The automatic stay ends as to a creditor’s state-law lien perfection requirements when confirmation of a Chapter 11 plan discharges the debtor’s pre-confirmation debts.

Keystone Acceptance Corp. v. Nardulli & Sons Co. (In Re Nardulli & Sons Co.) · filed 1986-11-03(c)(2)(C)

The automatic stay, 11 U.S.C. § 362(a)(4), stays creditors from filing financing or continuation statements. Upon confirmation of the Chapter 11 plan, the Debtor is discharged of pre-confirmation debts. 11 U.S.C. § 1141(d)(1)(A). The automatic stay is lifted as to the creditor’s requirements under state law to perfect its lien and security interests. 11 U.S.C. § 362(c)(2)(C).

The automatic stay protecting a debtor under § 362(a) ends when the discharge issues, after which the discharge injunction under § 524 applies.

In Re Tall · filed 1987-06-03(a)

The automatic stay imposed by 11 U.S.C. § 362(a), insofar as protection of the debtor is concerned, terminated when the discharge was issued on October 2, 1984 and was replaced by the injunctive provisions relating to the discharge contained in § 524 of the Bankruptcy Code.

The automatic stay expires by operation of law upon discharge, making a request to lift it moot.

West v. White (In Re White) · filed 1987-06-01(c)(2)(C)

In sum, the undisputed facts demonstrate beyond question as a matter of law (1) that the complaint fails to state a claim for a declaration of nondischargeability, in that the alleged debt is unquestionably dis-chargeable, and (2) that the precise alternative relief sought (“lifting of any stay”) is moot, in that there is now no stay, the automatic stay imposed by 11 U.S.C. Section 362(a) having expired by operation of law and having been superseded by the permanent injunction contained in the order of discharge in this case.

A nondischargeability judgment does not terminate the automatic stay; in a Chapter 7 case, the stay continues until a discharge is granted or denied unless relief from the stay is obtained.

Watson v. City National Bank (In Re Watson) · filed 1987-10-02(c)(2)(C)

A nondischargeability judgment, in contrast, does not terminate the automatic stay: the stay continues until a discharge is granted or denied.

Section 362(c)(2)(C) ends a debtor’s automatic stay protection upon discharge, allowing enforcement of a nondischargeable alimony award.

Rickman v. Rickman (In Re Rickman) · filed 1987-11-05(c)(2)(C)

The discharge dissolved the stay. 11 U.S.C. sec. 362(c)(2)(C). The case file indicates that this is a no-asset case. The former spouse has a final judgment of nondischargeability as to the alimony. Therefore, the Debtor has no further protection from the stay as to Patsy I. Rickman’s alimony award.

Section 362(c)(2)(C) ends the automatic stay when a discharge is granted or denied in a Chapter 7, 9, 11, 12, or 13 case.

Rentas v. New York State Higher Education Services, Corp. (In Re Rentas) · filed 1987-12-08(c)(2)(C)

Pursuant to 11 U.S.C. § 362(c)(2)(C), the automatic stay does not continue after a discharge is granted or denied in a case under Chapters 7, 9, 11, 12 or 13.

Section 362(c)(2) ends the automatic stay when a discharge is granted, regardless of when a creditor learns of the discharge.

Clark v. Commissioner · filed 1988-01-21(c)(2)

With exceptions not relevant here, the stay continues until the earliest of the time the case is closed or dismissed, or discharge is granted or denied. ... There is nothing in the Internal Revenue Code or in the Bankruptcy Code that indicates that the prohibition continues despite the discharge, because the creditor (in this case, respondent) is unaware that the stay has been lifted.

Section 362(a)(5) stays enforcement of a lien against a debtor’s vehicle until discharge, unless the court terminates the stay earlier.

In Re Whitaker · filed 1988-04-18(a)(5)

Equally undisputed is the fact that the automatic stay of § 362(a)(5) will ultimately be terminated as to this vehicle, if not by order of the court then by operation of law upon the granting of the debtors’ discharge.

The automatic stay ends upon confirmation of a Chapter 11 plan when estate property vests in the debtors and confirmation effects a discharge.

In Re Crawford · filed 1988-07-27(c)(1), (c)(2)(C)

Accordingly, as provided by 11 U.S. C. § 362(c)(1) and (2), the automatic stay provisions of § 362(a) expired upon confirmation of the Debtors’ Plan.

Section 362(c)(2)(C) terminates the automatic stay when the debtor receives a Chapter 7 discharge.

Stone v. Stone (In Re Stone) · filed 1988-08-29(c)(2)(C)

Upon the granting of a discharge under chapter 7, the automatic stay terminates pursuant to 11 U.S.C. § 362(c)(2)(C).

Section 362(c)(2) keeps the automatic stay in force through the deadline for filing a § 523(a)(2), (4), or (6) dischargeability complaint, until discharge is granted or denied.

Mortgage Guaranty Insurance v. Pascucci (In Re Pascucci) · filed 1988-08-03(c)(2)

The deadline for filing a complaint under section 523(a)(2), (4), or (6) arrives while the automatic stay is still in force, and the statute of limitations is still tolled. Section 362(c)(2) ... provides that the automatic stay continues in force until a discharge is granted or denied.

The automatic stay remains in effect while issuance of the debtor’s discharge is deferred.

Wilson v. Colonial American National Bank (In Re Wilson) · filed 1989-01-23(a)(5)

As a result of the deferral of the issuance of the discharge order, the automatic stay imposed by 11 U.S.C. § 362 remains in full force and effect pursuant to 11 U.S.C. § 362(a)(5).

Confirmation of a chapter 13 plan does not terminate the automatic stay of Tax Court proceedings; the stay continues until the bankruptcy case is closed or dismissed or a discharge is granted or denied.

Wahlstrom v. Commissioner · filed 1989-03-29(c)(2)

Section 362(c) of the bankruptcy code is clear and unambiguous. The automatic stay is in effect until one of the enumerated events takes place. ... Nothing in 11 U.S.C. section 1327, or elsewhere in chapter 13 of the bankruptcy code, suggests that confirmation of the chapter 13 plan results in the case being closed or dismissed or a discharge being granted or denied. ... Therefore, there is no termination of the automatic stay.

The automatic stay under Section 362 terminates upon discharge and is replaced by the permanent injunction under Section 524.

In Re Grove · filed 1989-05-26

Upon discharge, the automatic stay of Section 362 terminated and was replaced by the permanent injunction of Section 524, 11 U.S.C. Section 524.

Section 362(c)(2)(C) ends the automatic stay upon entry or denial of a discharge, so a suit filed after discharge is outside the stay.

In Re Ryan · filed 1989-06-02(c)(2)(C)

But the protection afforded by the automatic stay is only temporary and expires: (1) at the time the case is closed, § 362(c)(2)(A); (2) at the time the case is dismissed, § 362(c)(2)(B), or (3) upon the entry or denial of a discharge, § 362(c)(2)(C). In this case, the state court suit was commenced after the Debtors’ discharge. Thus, the automatic stay was inapplicable.