Miguel Angel Ramirez and Aurora Ramirez

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UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
In re
MIGUEL ANGEL RAMIREZ,
aka MIGUEL A. RAMIREZ,
and AURORA RAMIREZ,
Debtors.
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Case No. 10-33582 TEC
Chapter 7
MEMORANDUM RE CHASE HOME FINANCE LLC’S MOTION FOR RELIEF FROM STAY
On January 3, 2011, the court held a hearing on the Motion for
Relief from Stay (Motion) filed by Chase Home Finance LLC (Chase).
Steven Lawrence appeared for Chase. 	Debtors appeared late, in pro
per.
Chase holds a deed of trust encumbering real property owned by
Debtors, commonly known as 858 Florida Street, San Francisco,
California (the Property), which secures a note to Chase in the
original principal sum of $650,000 (the Note).
Debtors filed a chapter 7 bankruptcy petition on September 14,
2010.
MEMORANDUM RE CHASE’S
MOTION FOR RELIEF FROM STAY
-1-
Signed and Filed: January 03, 2011
________________________________________
THOMAS E. CARLSON
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
January 04, 2011
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 10-33582 Doc# 53 Filed: 01/03/11 Entered: 01/04/11 11:25:22 Page 1 of 4

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Debtors have not made payments required under the Note since
July 1, 2008. 	The delinquency currently totals $139,561.75. 	Chase
brought the current Motion, seeking relief from the automatic stay
to exercise its rights under the Note and deed of trust, including
the right to consummate foreclosure proceedings and the right to
proceed in an unlawful detainer action to obtain possession of the
Property. 	The motion was served on Debtors and the chapter 7
trustee on December 15, 2010.
The chapter 7 trustee did not file written opposition to the
Motion or appear at the hearing thereon.
Debtors did not file written opposition to the hearing, but
appeared late, contending that Chase is not the holder of the Note,
and that Chase therefore lacks standing to enforce the Note.
I determine that cause exists to grant the Motion.
The Motion should be granted against the bankruptcy estate,
because the chapter 7 trustee, the official representative of the
estate, did not oppose the motion, contest Chase’s right to enforce
the Note, or contest Chase’s standing to bring the Motion. 	Trustee
elected not to raise the issue, likely because the Property would
still be subject to the deed of trust even if the deed were deemed
ineffective against the estate.
The Motion should be granted against Debtors, because the
purpose of the automatic stay in a chapter 7 case is to protect the
debtor only until a discharge is granted. 	11 U.S.C.
§ 362(c)(2)(C). 	Debtors received a discharge on January 3, 2011.
More important, the bankruptcy discharge does not protect Debtors
from foreclosure of real property. 	Upon entry of the discharge,
the automatic stay, as it pertains to the Debtors, lifts by statute
MEMORANDUM RE CHASE’S
MOTION FOR RELIEF FROM STAY
-2-
Case: 10-33582 Doc# 53 Filed: 01/03/11 Entered: 01/04/11 11:25:22 Page 2 of 4

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to allow all creditors to enforce whatever rights they have under
nonbankruptcy law against property of the estate. 	Id. 	Therefore,
this court need not and does not determine whether Chase is
entitled to enforce the Note. 	The court only determines that, as
to Debtors, the automatic stay terminated as to all creditors upon
entry of Debtors’ discharge on January 3, 2011. 	The court further
determines that, trustee having failed to oppose the motion, relief
from the automatic stay is granted immediately with respect to the
chapter 7 trustee and the estate so that Chase and any other party
may enforce its rights in the Property under the note and deed of
trust.
Counsel for Chase shall prepare an order consistent with this
decision.
**END OF MEMORANDUM**
MEMORANDUM RE CHASE’S
MOTION FOR RELIEF FROM STAY
-3-
Case: 10-33582 Doc# 53 Filed: 01/03/11 Entered: 01/04/11 11:25:22 Page 3 of 4

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Court Service List
Miguel Angel Ramirez
858 Florida Street
San Francisco, CA 94110
Aurora Ramirez
858 Florida Street
San Francisco, CA 94110
Case: 10-33582 Doc# 53 Filed: 01/03/11 Entered: 01/04/11 11:25:22 Page 4 of 4