Sonya Laraye Owens

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
SONYA LaRAYE OWENS,
Debtor.
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Case No. 07-00547
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER OVERRULING OBJECTION TO
REHEARING ON MOTION FOR RELIEF FROM THE AUTOMATIC STAY
The debtor’s Objection to Rehearing on Motion Relief for
Automatic Stay (Docket Entry No. 158) contends that this court
cannot rehear the motion of Countrywide Home Loans for relief
from the automatic stay because an appeal is pending from an
order that granted Countrywide’s motion. 	That order, however,
was properly vacated despite the pending appeal.
Within 10 days of entry of the earlier order granting
Countrywide relief from the automatic stay, the debtor filed and
served her Motion to Dismiss Creditor's Claim of Irreparable
Injury (Docket Entry No. 130). 	The debtor’s Motion acknowledged
the termination of the stay, and asked "for a decision to DENY
the creditor's Motion to Grant Relief from the Automatic Stay
pursuant to Federal Bankruptcy Laws and to grant such other and
The Memorandum Decision and Order below is hereby signed.
Dated: October 31, 2008.
______________________
S. Martin Teel, Jr.
U.S. Bankruptcy Judge
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further relief as may be just and necessary." 	It contended that
the parties had an agreement that Countrywide would ask for a
continuance of the hearing that resulted in the granting of the
motion for relief from the automatic stay . 	The label of the
motion was of no consequence: it effectively sought to vacate the
order, and would have had no point if it was not seeking such
relief. 	Accordingly, it had to be treated as a Rule 59(e)
motion, thus vesting this court with jurisdiction to vacate the
order despite the pending appeal. 	See English-Speaking Union v.
Johnson, 353 F.3d 1013, 1020 (D.C. Cir. 2004).
Because there indeed had been an agreement for a
continuance, and the debtor’s Motion bringing that point to the
court’s attention was filed and served within 10 days of entry of
the order granting Countrywide’s motion, this court had
jurisdiction despite the pending appeal to consider vacating, and
properly vacated, the order granting relief from the automatic
stay. 	Once there was no intact order from which an appeal was
pending, this court had jurisdiction to rehear the motion for
relief from the automatic stay at a continued hearing. 	It is
thus
ORDERED that the debtor’s Objection to Rehearing on Motion
Relief for Automatic Stay (Docket Entry No. 158 is overruled.
[Signed and dated above.]
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3	O:\TEEL\Judge Temp Docs\Owens (Sonya) Order Overruling Objection to Rehearing.wpd
Copies to:
Debtor
Chapter 13 Trustee
Darine K. Tabbara, Esq.
Honorable John D. Bates (assigned District Court Case Number
1:08-cv-1674).
Case 07-00547 Doc 160 Filed 10/31/08 Entered 10/31/08 13:05:33 Desc Main
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