In re Hopkins, No. 11-44130, 2012 WL 2131952 (Bankr. W.D. Mo. June 7, 2012) (Federman)

Distinguishing Boatmen’s Bank of Tennessee v. Embry (In re Embry), 10 F.3d 401 (6th Cir. Dec. 3, 1993) (Kennedy, Martin, Nelson), automatic stay did not terminate under § 362(c)(2) when creditor obtained nondischargeable judgment. Embry was a Chapter 7 case in which Sixth Circuit permitted creditor with nondischargeable debt to pursue execution on postpetition, non-estate property. In Chapter 13 case, § 1306 defines property of estate to include postpetition earnings. Section 362(c)(2) does not apply in Chapter 13 context to terminate stay upon judgment of nondischargeability. Creditor did not otherwise establish cause for stay relief.

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By Kevin M. Ball, Eastern Michigan University Senator Warren and Representative Nadler introduced identical legislation entitled the Consumer Bankruptcy Report Act (“CBRA”) late in the 116th Congress. Although the bills died without action at the conclusion of that term, the sponsors have indicated their intent to reintroduce them in the 117th Congress. The legislation would bring major changes to the...

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