Enrique Perez and Bella Perez

4:08-bk-42277CanbAug 13, 2008

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UNITED

STATES

BANKRUPTCY

COURT NORTHERN DISTRICT OF CALIFORNIA 1300 Clay Street (2d fl.) Oakland, CA. 94612 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MEMORANDUM AND ORDER UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA In re Case No. 08-42277 J ENRIQUE and BELLA PEREZ, Debtors. / MEMORANDUM AND ORDER The above debtors have moved this court for an order setting aside a trustee’s sale of certain property situated in Las Vegas, Nevada. On July 7, 2008, the court entered an order lifting the automatic stay under Bankruptcy Code § 362(a) with respect to the subject property. The sale occurred on or about August 5, 2008, approximately one month later. The debtors’ motion alleges that the debtors converted their chapter 7 case to chapter 11 on July 29, 2008, before the trustee’s sale, and that the sale was therefore invalid. The court will deny the motion. The conversion of a bankruptcy case from one chapter to another does not impose a new automatic stay if the automatic stay had been lifted prior to the conversion. Signed: August 13, 2008


EDWARD D. JELLEN U.S. Bankruptcy Judge


Entered on Docket August 13, 2008 GLORIA L. FRANKLIN, CLERK U.S BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA Case: 08-42277 Doc# 91 Filed: 08/13/08 Entered: 08/13/08 16:15:25 Page 1 of 3

UNITED

STATES

BANKRUPTCY

COURT NORTHERN DISTRICT OF CALIFORNIA 1300 Clay Street (2d fl.) Oakland, CA. 94612 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 MEMORANDUM AND ORDER Bankruptcy Code § 362(a). In re Ramirez, 188 B.R. 413 (9th Cir. BAP 1995); In re State Airlines, Inc., 873 F.2d 264 (11th Cir. 1989). Consequently, the trustee’s sale was not conducted in violation of the automatic stay. Therefore, it is ordered that the debtors’ motion is denied. END OF ORDER Case: 08-42277 Doc# 91 Filed: 08/13/08 Entered: 08/13/08 16:15:25 Page 2 of 3

UNITED

STATES

BANKRUPTCY

COURT NORTHERN DISTRICT OF CALIFORNIA 1300 Clay Street (2d fl.) Oakland, CA. 94612 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3 MEMORANDUM AND ORDER COURT SERVICE LIST Enrique and Bella Perez 3158 14 th Street San Pablo, CA 94806 Steven W. Pite Pite Duncan, LLP P.O. Box 12289 El Cajon, CA 92022-2289 Case: 08-42277 Doc# 91 Filed: 08/13/08 Entered: 08/13/08 16:15:25 Page 3 of 3

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