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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