Corriette v. Schon Enterprises, Inc., 18-CV-6456. (2020)
Court: District Court, E.D. New York
Number: infdco20200319a99
Visitors: 21
Filed: Mar. 18, 2020
Latest Update: Mar. 18, 2020
Summary: MEMORANDUM AND ORDER FREDERIC BLOCK , Senior District Judge . Brian B. Corriette appealed the bankruptcy court's order granting Schon Enterprises, Inc., relief from the automatic stay. However, he subsequently moved to voluntarily dismiss his bankruptcy petition. The motion was granted and Corriette obviously did not appeal the dismissal order. The automatic stay lasts only while the bankruptcy case is pending. See 11 U.S.C. 362(c)(2); In re Walerstein, 2008 WL 795327, at *2 (E.D.N.
Summary: MEMORANDUM AND ORDER FREDERIC BLOCK , Senior District Judge . Brian B. Corriette appealed the bankruptcy court's order granting Schon Enterprises, Inc., relief from the automatic stay. However, he subsequently moved to voluntarily dismiss his bankruptcy petition. The motion was granted and Corriette obviously did not appeal the dismissal order. The automatic stay lasts only while the bankruptcy case is pending. See 11 U.S.C. 362(c)(2); In re Walerstein, 2008 WL 795327, at *2 (E.D.N.Y..
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MEMORANDUM AND ORDER
FREDERIC BLOCK, Senior District Judge.
Brian B. Corriette appealed the bankruptcy court's order granting Schon Enterprises, Inc., relief from the automatic stay. However, he subsequently moved to voluntarily dismiss his bankruptcy petition. The motion was granted and Corriette obviously did not appeal the dismissal order.
The automatic stay lasts only while the bankruptcy case is pending. See 11 U.S.C. § 362(c)(2); In re Walerstein, 2008 WL 795327, at *2 (E.D.N.Y. 2008) ("Pursuant to Section 362, any automatic stay would have terminated upon dismissal of the case."). Therefore, Corriette's appeal seeking to reimpose the stay is moot. See In re Income Prop. Builders, Inc., 699 F.2d 693, 964 (9th Cir. 1982) ("Once the bankruptcy was dismissed, a bankruptcy court no longer had power to order the stay or to award damages allegedly attributable to its vacation. A remand by us to the bankruptcy court would therefore be useless."). The appeal is dismissed.
SO ORDERED.
Source: Leagle
