From the Editor – Automatic Stay • NACTT Academy

From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Entry of discharge mooted appeal from stay relief order, but no in rem relief to purchaser from foreclosing creditor. The Chapter 7 debtor’s appeal from an order granting stay relief was dismissed for mootness, since the entry of discharge subsequent to the stay relief had the effect of terminating the automatic stay under § 362(c)(2)(C). The debtor had filed five Chapter 7 and 13 cases; however, the Bankruptcy Appellate Panel reversed a grant of in rem relief, since the party moving for stay relief had purchased . . .

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