Christine Elizabeth Olivas

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
CHRISTINE ELIZABETH OLIVAS, No. 07-10319
Debtor(s).
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Memorandum on Termination of Automatic Stay
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When a debtor files a Chapter 13 petition, his property becomes property of the bankruptcy estate
pursuant to §541(a) and §1306 of the Bankruptcy Code. The property generally revests in the debtor upon
confirmation pursuant to §1327(b), but the plan or order confirming the plan may provide otherwise.
In this case, the automatic stay terminated as to the debtor on the 30th day after filing pursuant to
§362(c)(3)(A), and the court has issued an order in favor of creditors Marshall and Francesca Donig so
reflecting. However, the Chapter 13 trustee objects to an order declaring the stay terminated as to the estate,
as the property has not yet revested and he believes that there is sufficient equity in the debtor’s real property
to pay all creditors in full.
The language of § 362(c)(3)(A) is unambiguous and applies only to property of the debtor. An order
applying it to property of a Chapter 13 estate which has not revested is error. In re Jumpp, 356 B.R. 789
(1st Cir. BAP 2006). Accordingly, the Chapter 13 trustee’s objection will be sustained. He shall submit a
form of order declaring that the automatic stay remains in effect as to all estate property until such time as the
property has revested in the debtor or the court has granted a motion for relief from the stay.
Dated: June 6, 2007
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Entered on Docket
June 06, 2007
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 07-10319 Doc# 31 Filed: 06/06/07 Entered: 06/06/07 11:09:22 Page 1 of 1